HomeMy WebLinkAbout2002-10-07 Special Town Meeting MinutesCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on September 12, 2002 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 Alice M. Barrows School, 16 Edgemont Avenue
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Charles Mobil on the Run, 1330 Main Street
The date of posting being not less than fourteen (14) days prior to October 7,
2002, 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 September 17, 2002.
Daniel W. Halloran, Constable K
A t g copy. Attest:
heryl A. ohnson, own 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, on Monday, October 7, 2002, 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, 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 to Town Officers and Special
Committees, and to see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of funding Town Officers
and Special Committees to carry out the instructions given to them, or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 3 To see if the Town will vote to amend the FY 2003 - FY 2012
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town will vote to amend Section 4.9 Planned Unit
Development of the Reading Zoning By-laws as follows.
Remove all text found within Section 4.9 Planned Unit Development of the Reading
Zoning By-Laws and replace it with the following Section 4.9:
4.9. PLANNED UNIT DEVELOPMENT
4.9.1. Statement of Purpose and Authority:
The purpose of this Section is to encourage the construction of Planned Unit
Developments (PUDs) in designated Districts within the Town. Planned Unit
- Developments shall:
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a. Permit a mix of land uses, densities and building types in one development.
b. Facilitate high quality, integrated planning of large-scale developments
beneficial to the Town and constructed in a manner which is highly
responsive to specific sites and their surroundings.
C. Require more rigorous development standards than those found in other
zoning districts.
4.9.2. Overlay Districts:
Planned Unit Development Districts shall take the form of overlay districts covering all or
part of Industrial Districts and designated portions of Residential Districts on the Reading
Zoning Map. For any land within a PUD District, a Developer may choose to conform
either to the zoning regulations which govern the underlying district or to the PUD
overlay regulations and procedures set forth by this Section, whose specific provisions
shall supersede all other provisions in the Zoning By-Laws with respect to the underlying
district including, without limitation, use, intensity, dimensions, parking and site plan
review; however, the provisions of any other overlay district shall continue to apply.
Planned Unit Development Districts are overlaid on two zoning districts: Industrial and
Residential Zones. Section 4.9 controls development in this overlay utilizing the
following terms: PUD-I for Planned Unit Development District - Industrial for PUD's
overlaid in the Industrial Zone and PUD-R for Planned Unit Development District-
Residential overlaid in the Residential Zone. Language noted herein for PUD denotes
the control is for development in both Residential and Industrial Zones.
4.9.2.1. Definitions:
The following terms shall have, for the purposes of this PUD By-Law, the meanings
hereby assigned to them:
a. Affordable Housing: Housing units priced to be available for purchase or
rental by households with annual incomes that do not exceed eighty percent
(80%) of the median annual household income for the Boston Metropolitan
Area as determined by the most recent calculation of the U.S. Department
of Housing and Urban Development and so that the annual housing unit
cost to the household does not exceed 30% of the annual gross income
of the household.
b. Commercial: A use or structure that is used other than for residential,
public, quasi-public or heavy industrial purposes.
C. Developer: One or more entities proposing together to develop a Planned
Unit Development parcel.
d. DNA: Deoxyribonucleic acid.
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e. Existin : In existence at the time of filing a complete Preliminary PUD Plan
submission.
Floor Area Ratio (or "FAR"): In a PUD, the ratio of total gross building floor
area in a PUD to the area of the development parcel. Gross floor area shall
be measured from outside wall surfaces and shall include ground floor areas
of interior atriums and lobbies, and mechanical and utility space on habitable
floors but shall exclude rooftop space, balconies, elevator pits, or non-habitable
areas enclosed by ornamental roofs. Structured parking shall not be counted in
the determination of Floor Area Ratio. Areas classified as wetlands in MGL,
Chapter 131, Section 40, as amended, may not exceed 10% of the development
parcel area used to compute FAR.
g. Minor Street: A street used primarily for access to abutting properties or carrying
volumes of traffic less than 10,000 vehicles per average day.
h. Major Street: A street used for through access and carrying volumes of traffic
greater than 10,000 vehicles per average day.
PUD By-Law: Section 4.9. of the Reading Zoning By-Laws including all
subsections thereof.
j. Recombinant DNA (RDNA) Technology: The industrial science of molecular
construction outside living cells by joining natural or synthetic DNA segments
to DNA molecules that can replicate in a living cell.
k. Residential Street: Any section of a street which lies within a residential zoning
district or any section of a street the centerline of which forms a boundary of a
residential zoning district.
Site: The development parcel upon which a PUD is proposed.
M. Structured Parking: In a PUD, a parking garage or all or part of building floors
above or below grade to be used for automobile parking.
4.9.3. Special Permit for Planned Unit Development:
The Community Planning and Development Commission (the "CPDC"), as the Special
Permit Granting Authority, shall have authority to grant a Special Permit to construct a
Planned Unit Development ("PUD) by a vote of at least four members of the five-
member CPDC. The CPDC shall evaluate proposed PUD projects and require all such
projects to conform to the Planned Unit Development requirements, standards and
guidelines set forth in Sections 4.9.4. and 4.9.5 as to a PUD in the Industrial District
("PUD-1") and as set forth in Sections 4.9.5. and 4.9.6 as to a PUD in a Residential
District ("PUD-R") to ensure that the benefits to the Town of a proposed project outweigh
any adverse impacts before granting a Special Permit. The CPDC shall adopt and from
time to time may amend regulations for the review of PUD Developments as provided in
MGL, Chapter 40A, Section 9.
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The CPDC shall interpret all provisions of this PUD By-Law and all definitions and
regulations pertinent thereto and shall provide such interpretations upon request by an
applicant for a Special Permit to construct a PUD.
4.9.3.1. Overview of Special Permit Process:
A Developer choosing to construct a Planned Unit Development in a PUD District shall
apply for a Special Permit with the Community Planning and Development Commission.
The Special Permit process shall include:
a. Pre-Application Conference (Optional)
b. Preliminary PUD Plan Review
C. Final PUD Plan Review
4.9.3.1.1. Alternative Procedure: As an alternative to the provisions of Sections
4.9.3.3., 4.9.3.4., 4.9.3.6., 4.9.3.7. and 4.9.3.10., a Developer may elect to follow an
alternative process as specified below:
a. Preliminary Plan Submission of Application
The Developer shall submit an Abbreviated Notice of Resource Area
Delineation to the Reading Conservation Commission according to
Massachusetts General Laws, Chapter 131, Section 40 and Reading
General Bylaws, Section 5.7., and obtain an Order of Resource Area
Delineation relative to the proposed site including an official delineation
of any wetlands contained on the site, such delineation to be accurately
depicted on development plans subsequently submitted for the site.
b. Subsequent to such Order of Resource Area Delineation, the Developer
shall request in writing that a joint public meeting of the CPDC and the
Conservation Commission to be held with the Developer to review the
Developer's proposed development. The Developer shall supply such
written and graphic material, in twenty copies, to fully describe and explain
the intended development concept, together with potential alternative
options, including number, location, and height of buildings, vehicular and
pedestrian circulation, parking, landscaping, open space, drainage control,
wetlands protection, off-site improvements, and any other features relevant
to the development concept.
C. Within thirty-five days of a request for a joint public hearing, the CPDC and
the Conservation Commission shall hold at least one session of a joint
public meeting with the Developer to discuss the development concept and
the options, issues, concerns and other matters relative to the proposal. All
`parties of interest' shall be given such notice of this meeting as required for
a public hearing under Massachusetts General Laws Chapter 40A. Particular
attention shall be paid to:
(1) Obtaining input from both Commissions simultaneously.
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(2) Identifying concepts, options and approaches relative to the
development, potentially acceptable to both Commissions
within their respective purview, authority and responsibilities.
(3) Reviewing mitigation measures which meet the concerns of both
Commissions.
d. Within sixty-five days of the filing by the Developer of a complete Final PUD
Plan, the CPDC shall hold a public hearing to consider issuance of a Special
Permit to construct a PUD. The Final PUD Plan shall be a definitive plan of the
development and contain such information as specified in Section 4.9.3.9.
Approval of the Special Permit shall be granted upon determination by the
CPDC that the Final PUD Plan conforms with and meets the applicable
requirements, standards and guidelines set forth in Sections 4.9.4., 4.9.5.
and 4.9.6 in a manner consistent with the concept presented and the
Commission's input received according to Paragraph 4.9.3.1.1.b. The
Special Permit may be granted with conditions, or not granted, or granted
by inaction, according to Section 4.9.3.11.
The Final PUD Plan may include application for approval of a proposed subdivision of
the site in accordance with the Rules and Regulations Governing the Subdivision of
Land in Reading. A separate endorsable Definitive Subdivision Plan meeting the
requirements of said Rules and Regulations may be included as part of the Final PUD
Plan documents, and the public hearing for consideration of such subdivision plan shall
be held by CPDC concurrent with the Special Permit public hearing referenced herein.
At the Developer's election, the Conservation Commission shall hold at least one
session of a public hearing simultaneously with the CPDC Special Permit public hearing
referenced herein, for considering the Developer's Notice of Intent relative to the
proposed PUD development. The hearing shall be scheduled mutually between the
CPDC and the Conservation Commission. The request for such simultaneous public
hearing must be accompanied by or preceded by a complete Notice of Intent submission
and all relevant application fees in accordance with Massachusetts General Laws,
Chapter 131, Section 40 and Reading General Bylaws, Section 5.7., and a waiver of the
time requirements for the Conservation Commission's holding of a hearing and issuance
of an Order of Conditions under said Chapter 131, Section 40 and said General Bylaws,
Section 5.7. The Conservation Commission may at its discretion continue sessions of its
public hearing or deliberate an Order of Conditions at places and times independent of
the CPDC's public hearing or meetings.
4.9.3.2. Pre-Application Conference:
A Developer desiring to obtain a Special Permit to construct a Planned Unit
Development may request a Pre-Application Conference with the Community Planning
and Development Commission prior to submitting an application for the Special Permit.
The purpose of the Pre-Application Conference shall be to discuss both the Developer's
intentions and the CPDC's requirements with respect to the proposed PUD. Although not
required, this preliminary meeting is desirable since it should help to clarify many
procedural and policy issues.
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At the Pre-Application Conference, the CPDC shall discuss with the Developer the
process for obtaining a Special Permit to construct a PUD and explain to him/her issues
and scopes of studies that should be considered in planning the project, including
specific submission items, such as appropriate vantage points for visual analysis and
extent of the traffic study area. The need for a three-dimensional model for large projects
shall be discussed by the developer and CPDC and a determination shall be made as to
whether such a model shall be an application requirement. The CPDC shall review
existing studies pertinent to the development and the status of other approved PUDs
and projects not yet permitted but under consideration, which should be considered in
the Developer's analyses. The Developer may discuss his/her development concept and
range of options concerning development. Any statement at the Pre-Application
Conference made by either the CPDC or the Developer concerning potential disposition
of a Special Permit application or the final form of the development shall not be legally
binding.
The Developer shall not be required to present any written, quantitative, or graphic
materials at the Pre-Application Conference. The CPDC shall make available to the
Developer at this time any forms required for application for a Special Permit to construct
a PUD.
4.9.3.3. Preliminary Plan:
A Developer who wishes to apply for a Special Permit to construct a PUD shall submit to
the CPDC an application including a Preliminary PUD Plan submission for the entire
proposed project. If the Developer of the PUD comprises more than one entity, all
participating entities shall be signatories to the Special Permit application. Two copies of
the Preliminary PUD Plan shall remain available to the public during the application
process and shall be located in the Town Clerk's Office and Reading Public Library. Any
three-dimensional model of the proposed project as may be required shall be displayed
at a suitable public building within the Town.
The CPDC shall require a Submission Fee sufficient to cover consultant fees and any
other costs associated with reviewing the Preliminary and Final Plan Submissions. The
fee amounts shall be as specified in the CPDC's "Fee Schedule for Site Plan Review
Process."
4.9.3.4. Preliminarv Plan Submission:
The Preliminary PUD Plan shall include a complete set of written, quantitative, and
graphic materials in the appropriate number according to the PUD Plan Submission
Regulations adopted by the CPDC and amended by it from time to time in accordance
with MGL, Chapter 40A, Section 9.
4.9.3.5. Town Review:
Between the date a Developer submits a complete application for a Special Permit to
construct a PUD and the date of the first public hearing, the CPDC may distribute the
Preliminary PUD Plan for review to Town Departments, elected and appointed Town
Boards, and such professional planning, architecture, and engineering consultants as
the CPDC deems appropriate and whose fees are paid for by the developer. All
comments on the Preliminary PUD Plan shall be submitted in writing to the CPDC before
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the scheduled date of the first public hearing. All written comments shall be made a part
of the public record on the application for a Special Permit and shall remain a public
record.
4.9.3.6. Public Hearing on Preliminarv_Plan:
Within 65 days of the date of receipt of a complete application for a Special Permit to
construct a PUD, the CPDC shall hold a public hearing. The purpose of the public
hearing shall be to solicit public comments concerning the Preliminary PUD Plan.
4.9.3.7. Action on Preliminary Plan:
Within 21 days after the close of said public hearing, the CPDC shall make a
determination concerning the Preliminary PUD Plan. If the CPDC approves the
Preliminary PUD Plan or conditionally approves it subject to modifications, then the
Developer shall submit a Final PUD Plan, as specified in Section 4.9.3.9. If the CPDC
disapproves the Preliminary PUD Plan, then the application for the Special Permit shall
be denied, and the CPDC shall state in writing its reasons for denial. If the CPDC makes
no decision within the specified time limit, then the Preliminary PUD Plan shall be
considered approved, and the Developer shall prepare a Final PUD Plan.
4.9.3.8. Public Improvements Compensation:
When reviewing a Developer's Preliminary PUD Plan, the CPDC shall analyze the
proposed PUD to determine what if any extraordinary public improvements are
necessary to accommodate or service the project. The Developer shall be required by
the CPDC to provide such needed improvements at no cost to the Town, or alternatively,
to offset the expense of such improvements to be provided by the Town. The CPDC
may engage a consultant, at the expense of the applicant to estimate the costs of any
such improvements. Such estimate shall be reviewed by the Reading Public Works
Director and the Town Engineer.
4.9.3.9. Submission of Final Plan
The Final PUD Plan shall be a definitive plan of development with design sufficiently
developed to provide the basis for the CPDC's determinations regarding the
requirements, standards, and guidelines of this PUD By-Law, and shall include a
complete set of written, quantitative, and graphic materials in the appropriate number
according to the PUD Plan Submission Regulations adopted by the CPDC and amended
by it from time to time in accordance with MGL, Chapter 40A, Section 9. The Final PUD
Plan shall be consistent with the approved Preliminary PUD Plan except for changes by
amendment or in accordance with conditions attached to the CPDC's approval of the
Preliminary PUD Plan and shall satisfy all such conditions.
The Developer shall submit a Final PUD Plan to the CPDC no later than 59 days after
the issuance of the decision referred to in Section 4.9.3.7. Failure to submit a Final PUD
Plan within the specified time period shall result in termination of the application for a
Special Permit to construct a PUD.
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Two copies of the Final PUD Plan shall remain available to the public during the
application process and shall be located in the Town Clerk's Office and the Reading
Public Library. Any three-dimensional model of the proposed project as may be required
shall be displayed at a suitable public building within the Town.
4.9.3.10. Additions or Amendments to the Preliminary Plan:
Additions or amendments to the Preliminary PUD Plan at this stage shall be deemed
either major or minor by the CPDC according to Sections 4.9.3.13. and 4.9.3.14. Minor
additions or amendments shall be authorized by written approval of the CPDC. Major
additions or amendments shall be considered as original items to the application and be
subject to the procedures specified in Section 4.9.3.12. The CPDC shall decide whether
proposed changes are major or minor.
4.9.3.11. Public Hearina and Decision on Final Plan:
Within 21 days after the submission as per Section 4.9.3.9 of a complete PUD Plan, the
CPDC shall hold a public hearing to consider issuance of a Special Permit to construct a
PUD in accordance with the Final PUD Plan. Approval of the Special Permit shall be
granted upon determination by the CPDC that the Final PUD Plan conforms with and
meets the applicable requirements, standards, and guidelines set forth in Sections 4.9.4.
4.9.5. and 4.9.6. in a manner consistent with the approved Preliminary PUD Plan, and
contains all revisions required by the CPDC in its conditional approval of said Plan. The
CPDC may grant the Special Permit with conditions consistent with its approval of the
Preliminary PUD Plan. If not granting a Special Permit to construct a PUD, the CPDC
shall make its final decision in writing and shall specify its reasons for denial. If the
CPDC makes no decision within 60 days after the submissions as per Section 4.9.3.9,
then the Final PUD Plan shall be considered approved and the Special Permit to
construct a PUD shall be deemed granted.
4.9.3.12. Amendments to Final Plan:
After approval of the Special Permit by the CPDC, the Developer may seek amendments
to the Final PUD Plan.
Amendments to the Final PUD Plan shall be considered major or minor. Minor
amendments, as specified in Section 4.9.3.13. shall be authorized by written approval of
the CPDC. Major amendments, as specified in Section 4.9.3.14. shall be grounds for
reconsideration of the Special Permit to construct a PUD and shall be reviewed subject
to procedures specified above in Sections 4.9.3.4. through 4.9.3.12., as applicable.
Denial of a proposed major amendment shall not invalidate the Special Permit to
construct a PUD in conformance with the previously approved Final PUD Plan.
4.9.3.13. Minor Amendments:
Minor amendments are changes which do not substantially alter the concept of the
approved PUD in terms of floor area ratio, use, height, provision of open space, or the
physical relationship of elements of the development. Minor amendments shall include,
but not be limited to the following: small changes in floor area, mix of uses, site
coverage, height, setbacks, or open space; small changes in the location of buildings,
open space, or parking; or small changes in the alignment of minor streets on-site.
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4.9.3.14. Maior Amendments:
Major amendments represent substantial deviations from the PUD concept approved by
the CPDC. Major amendments shall include but not be limited to the following: large
changes in floor area, mix of uses, site coverage, height, setbacks, or open space; large
changes in the location of buildings, open space, or parking; or large changes in the
circulation system, including the number and location of access ways.
4.9.3.15. Development Schedule:
The Developer shall begin construction of the PUD within 24 months of the date of the
granting of the Special Permit (or, if applicable, following appeal as provided in MGL,
Chapter 40A, Section 9) in reasonable conformance with the development schedule
submitted with the Final PUD Plan. The CPDC shall grant in writing an extension of this
time period of up to an additional 24 months upon determination of good cause. If the
Developer fails to commence construction of the PUD within 24 months plus any
approved extension period, the Special Permit shall lapse.
4.9.3.16. Phased Development:
If a phased development is proposed by the Developer, the Final PUD Plan shall contain
all required written, quantitative, and graphic information necessary to evaluate the
proposed PUD as a whole and to serve as a basis for granting the Special Permit, plus a
final Development Schedule for the completion of the PUD indicating the proposed dates
and scope of work to be accomplished in each phase. Site improvements may be
phased only in conformity with the phasing schedule included in the approved Final PUD
Plan, and only to the extent that all requirements, standards, and guidelines of this PUD
By-Law are met in each phase. The initial phase shall include at a minimum the site
improvements necessary for one or more buildings and may, at the Developer's option,
include one or more buildings.
Deviations from the Final PUD Plan in any phase shall be designated a major or minor
amendment to the Final PUD Plan by the CPDC and treated as such according to
Section 4.9.3.12.
If the PUD is to be developed in phases, the Developer shall begin the construction of
each phase in accordance with the approved Phasing Schedule; however, the CPDC
shall grant additional extensions in the timing of phases for up to 24 months each as
minor amendments to the Final PUD Plan, upon the determination of a reasonable
cause. If the Developer fails to commence construction of a PUD phase within the
specified time limit for that phase, including any approved extension period, said failure
shall be deemed a major amendment to the Final PUD Plan, and the phase at issue and
all subsequent phases which depend upon said phase for their construction and
operation in conformance with the Final PUD Plan must be re-approved in accordance
with Section 4.9.3.12.
4.9.3.17. Conformity with PUD Plan and Special Permit:
The CPDC shall include as a condition to all Special Permits granted for construction of
PUDs that no construction of a PUD or any phase thereof may be authorized until the
CPDC has reviewed and approved a Design Submission for work to be done, such
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submission to include architectural, site, and landscape design documents, sufficiently
developed to permit review of conformance to the Final PUD Plan and Special Permit
conditions, in accordance with the PUD Plan Submission Regulations of the CPDC.
If deemed necessary by the CPDC, a public hearing may be held for review of any
Design Submission. Design Submissions shall be reviewed by the CPDC solely for
conformity with the Final PUD Plan, with Special Permit conditions, and, only to the
extent not already reviewed and approved, with the requirements, standards, and
guidelines applicable to the construction of the phase in question. If the CPDC makes no
decision upon a Design Submission within 90 days of receipt of all required materials,
said Special Permit condition shall be deemed to be satisfied regarding said PUD or
phase thereof.
The CPDC shall adopt regulations requiring one or more of the following in amounts and
duration sufficient to guarantee that all commitments in the approved PUD Plan to
provide public improvements or to take other actions are properly completed:
performance bonds, deposit of money or negotiable securities with the Town, or a
satisfactory agreement with a lending institution to retain funds pending completion of
such improvements or actions. If a PUD Plan is being developed in phases such
guarantees may be provided in the discretion of the CPDC in increments relative to the
phases being developed.
If, for any PUD or construction phase thereof, the CPDC finds that either the Developer
has failed to begin development within the specified time period, including any approved
extension period, or that the Developer is not proceeding in conformity with the Special
Permit, then the CPDC may, after 60 days from written notice (and any additional period
which the CPDC may deem necessary so as to provide the Developer reasonable
opportunity to cure any deficiencies), revoke the Special Permit as it applies to the
phase of construction at issue and/or require that the Developer amend the Final PUD
Plan subject to procedures specified in the Amendments to Final PUD Plan, Section
4.9.3.12. If the CPDC revokes the Special Permit for the PUD, then the Final PUD Plan
shall be null and void as it applies to the phase of construction at issue and all
subsequent phases which depend upon said phase for their construction and operation
in conformance with the Final PUD Plan. The provisions of this paragraph may be
enforced by the Reading Building Inspector by denying and/or revoking a certificate of
occupancy or building permit in addition to the powers of enforcement already granted
under the Zoning By-Laws and Massachusetts State Building Code.
Upon satisfaction of all applicable Special Permit conditions, the CPDC shall issue a
certificate of compliance for one or more PUD phases. No certificate of occupancy shall
be issued for a given PUD-I phase until a certificate of compliance has been issued.
4.9.4. Use and Dimensional Requirements at PUD-I:
The following paragraphs shall serve as the basic Use and Dimension Requirements to
which all PUD-I projects shall adhere within each PUD-I overlay district and shall be
used by the Community Planning and Development Commission to evaluate any
proposed project.
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4.9.4.1. PUD-1 Parcel Size and Eliqibilitv;
The minimum size of a PUN development parcel shall be 80,000 square feet.
Development parcels of 500,000 square feet or larger shall be termed "large PUD-Is"
and qualifying parcels smaller than 500,000 square feet shall be termed "small PUD-Is."
A development parcel may consist of land in more than one ownership, provided that all
lots comprised by the parcel lie entirely within the PUN overlay district and are
contiguous. Lots separated by a minor street or right-of-way as defined in Section
4.9.2.1. may be considered contiguous'for this purpose.
Proposed developments may include pre-existing buildings provided that all PUN
requirements are satisfied by each new or existing building and for the PUD as a whole.
More than one principal building may be located on a lot, Section 5.2.8. notwithstanding.
4.9.4.2. PUN Permitted Uses:
Planned Unit Developments in an Industrial District may contain two or more of the
following uses subject to the findings of the CPDC as to net benefit and adverse impacts
of the proposed PUD:
a. Office use;
b. Research and Development uses, such as electronic or computer laboratories;
biotechnology laboratories including those which utilize RDNA technology and
low-level nuclear materials; light manufacturing related to,electronic or computer
laboratories or biotechnology laboratories including those which utilize RDNA
technology and low-level nuclear materials, but excluding activities which
exclusively possess, use or transfer licensed nuclear materials (including
source materials, special nuclear materials, or by-product materials as defined
in Title 10, Chapter 1 of the Code of Federal Regulations, Part 20, "Standards
for Protection Against Radiation"), or other toxic or hazardous materials;
C. Hotel;
d. Restaurant (with no drive-thru service), place of assembly, and recreational use;
e. Retail;
f. Financial institution;
g. Consumer service, ancillary to a permitted primary use pursuant to this Section
4.9.4.2.
h. Parking (including structured parking) to accommodate the above;
i. Residential uses within 200 feet of Residence Districts;
j. Open space.
All other uses are excluded from a Planned Unit Development in an Industrial zone.
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4.9.4.3. PUD-1 Intensity of Use:
The permitted intensity of use in a PUD-1 development shall be expressed as the ratio of
total gross building floor area to the area of the development parcel (Floor Area Ratio or
"FAR"). Gross floor area shall be measured from outside wall surfaces and shall include
ground floor areas of interior atriums and lobbies, and mechanical and utility space on
habitable floors, but shall exclude rooftop space, balconies, elevator pits, or non-
habitable areas enclosed by ornamental roofs. Structured parking shall not be counted in
the determination of Floor Area Ratio. Areas classified as wetlands in MGL, Chapter
131, Section 40, as amended, may not exceed 10% of the development parcel area
used to compute FAR. The basic allowable FAR for PUD-1 developments is 0.50 for
small PUD-1 s and 0.55 for large PUD-Is.
4.9.4.4. PUD-I Discretionary Intensity and Height Determination:
The CPDC may approve additional FAR above the basic ratio for small or large PUD-Is
and additional height above the basic limit if it finds in applying the criteria of Section
4.9.4.5. that the net benefits to the Town are thereby increased.
The CPDC may in no case increase the permitted Floor Area Ratio beyond 0.65 for
small PUD-1 and 0.70 for large PUD-Is nor may it increase permitted height beyond the
maximum limitations of Section 4.9.4.6.
4.9.4.5. Criteria for Determining Increased Development Intensity and Height
in a PUD-1 District:
The basic allowable intensity of use may be increased in a PUN if the CPDC finds that
provision of one or more of the following public improvements or amenities provides
substantial public benefits. The additional building area permitted should be
commensurate with the quality and value to the Town of one or more of the following
improvements and amenities:
a. Significant improvement of the environmental condition of a site;
b. Provision of or contribution to off-site public facility improvements which
enhance the general condition of the district and surrounding areas;
C. Dedication of open space or recreational facilities for use by the general
public;
d. Provision of open space beyond 15% of the parcel area, or of outdoor
recreational facilities for use by a PUD-I project's occupants or by the
general public, and of sufficient size and quality to offset fully any
adverse aesthetic effects of proposed parking garages;
e. Work with other owners and tenants of a PUD-I overlay district to
develop and achieve district-wide and adjacent neighborhood
improvement goals;
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f. Provision of public art, distinctive and appropriate design, or other
amenities that a Developer may propose which will provide unique
advantages to the general public or contribute to achieving Town-
wide improvement goals;
g. Provision of low or moderate income or elderly housing within the
PUN in conformance with this PUD-I By-Law and/or off site in a
manner acceptable to the Reading Housing Authority.
4.9.4.6. PUN Dimensional Requirements:
Each PUN development shall be governed by the dimensional requirements of this
section. These requirements apply only to the development parcel as a whole, not to
individual lots within the PUD-I.
The basic maximum height within a PUD-I shall be the lesser of 84 feet or six stories.
Height shall be measured in the manner defined in Section 2.0. of this By-Law.
The maximum height of residential structures within a PUD-I shall not exceed 40 feet or
three stories. If 10 percent of such units are restricted for low or moderate income or
elderly housing, the maximum height of all proposed residential structures shall not
exceed 50 feet or four stories.
In a large PUD-I, the CPDC may in its discretion and in accordance with Section 4.9.4.4.
approve building heights up to 168 feet or 12 stories, whichever is less, subject to the
following limitations:
a. Buildings with over eight stories may not contain in aggregate more than
one third of the total gross floor area of the PUD-I;
b. At least one third of the gross floor area of the PUD-I shall be contained
in buildings with six stories or lower;
C. Only one building over 10 stories may be built for every 1,000,000 square
feet of PUN parcel area;
d. Buildings shall be oriented and arranged to provide the best overall
appearance from important vantage points, which may be identified in
a Pre-Application Conference;
e. The increase in permitted height may not have any significant adverse
effect on the PUD-1 Overlay District, adjacent residential districts or
abutting property.
However, the CPDC shall in no case approve building heights above the basic maximum
height for any Planned Unit Development-Industrial in the area bounded by the META
railroad right-of-way and by the lots fronting on Ash Street.
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4.9.4.6.1. PUD-I Setbacks and Buffers:
All non-residential buildings shall be located at least 50 feet from the boundary of the
PUD-I parcel. All non-residential buildings shall be located at least 150 feet from
residential structures in existence at the time of Preliminary PUD-I Plan submission. All
residential buildings within a PUD-I shall be at least 30 feet from the parcel boundary but
no further than 200 feet from a Residential District. There shall be a landscaped and/or
naturally vegetated buffer at least 50 feet wide where the development parcel abuts
residential properties. Alternatively, where residential uses occur in the PUD-I, a
landscaped and/or naturally vegetated buffer at least 30 feet wide shall be provided.
Along major arterial streets, as defined in Section 4.9.2.1., buildings shall be set back at
least 75 feet (or the height of the building if greater than 75 feet), and a landscaped
and/or naturally vegetated buffer at least 50 feet wide shall be provided along such
major streets, except where site entrances occur.
No buffer may contain parking or paved surfaces except for pedestrian paths and site
entrances. Between 9:00 a.m. and 3:00 p.m. (EST) from February 21 to October 21, no
building may cast a shadow on any residential structure in existence at the time of
Preliminary PUD-I Plan submission.
A PUD-I shall set aside at least 15% of its total parcel area as required open space;
additional open space will be considered in proposed development intensities in excess
of the basic permitted FAR and height.
Required Open Space shall have a minimum dimension of 20 feet (which may include
the dimension across a water body) and shall be open to tenants and customers within
the PUD-I; access by the general public is desirable and will be considered in proposals
for additional development intensity and height.
A PUD-I which includes residential use shall delineate the area of residential use and
shall set aside at least 25% of the site within this area as open space available to and
usable by the occupants of the residential units.
Required Open Space may include:
a. Wetlands and water bodies, including the normal water surface area
of detention or retention ponds up to 50% of the required open space
area;
b. Vegetated/landscaped area, including buffers;
C. Pedestrian paths, sidewalks, and covered walkways;
d. Public plazas and hard surfaced recreation areas.
4.9.5. Environmental Standards and General Development Guidelines:
In addition to conforming to the Use and Dimensional Requirements governing all PUD
Overlay Districts, approval of a Special Permit to construct a PUD shall be granted also
upon determination by the Community Planning and Development Commission that a
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proposed PUD satisfies the following criteria; in any disapproval of a PUD, the CPDC
shall state in writing the specific reasons for its finding that the proposed PUD does not
satisfy one or more of the criteria. Mitigation measures proposed by the Developer, at no
cost to the Town, shall be considered. Mitigation measures may include, among other
options, the advancement or contribution to long term capital improvement projects.
The following is the criteria CPDC shall use in making such satisfactory determinations:
a. That it conforms as appropriate to the existing policy plans established
by the Town Meeting, Selectmen, and CPDC for the specific area of
the Town in which the proposed PUD is located.
b. That there is no significant adverse effect under any of the following:
(1) Quality of site design, building design, and landscaping as they
affect occupants of the proposed development, the PUD
District, adjacent residential districts, and the Town of Reading
as a whole;
(2) Traffic flow and safety in the context of this and other proposed
developments in the PUD Overlay District and sensitive nearby
areas, which may be identified in the scope of a State
Environmental Impact Report and/or in a Pre-Application
Conference;
(3) Water quality, air quality, wetlands, and the natural environment;
(4) Provision of open space;
(5) Adequacy of utilities and other public works and impact on existing
public facilities within the Town; and
(6) Potential fiscal impact to the Town of Reading.
C. That approval of the proposed PUD provides benefits to the Town which
outweigh all adverse effects, as evaluated under the above criteria.
4.9.5.1. Environmental Standards:
A PUD shall conform in each phase to all applicable Federal, State, and local laws and
regulations (including all such regulations established by the U.S. Environmental
Protection Agency and the Massachusetts Department of Environmental Protection)
regarding the environment such as those concerning noise, air quality, wetlands, water
quality, and protection from flooding.
4.9.5.2. Transportation, Site Circulation and Parking:
No vehicular access (except for emergency vehicles and structured parking access)
shall be allowed between the portion of a Planned Unit Development used for non-
residential purposes and any residential street. Safeguards shall be imposed by the
CPDC to prohibit or minimize commercial traffic access across residential areas.
Dwellings built pursuant to a PUD-R Special permit and which are located within 300
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feet of a Town Boundary shall be accessed through the abutting municipality to the
extent lawful and feasible as determined by the CPDC.
4.9.5.2.1. Significant Traffic Impact: The CPDC may not approve a proposed PUD
which in its opinion has significant adverse traffic impact, as determined following
examination by the CPDC of the Developer's traffic analysis and any other traffic
analysis of the affected area available to the CPDC which is germane to the proposed
PUD.
In making its determination, the CPDC shall consider the feasibility of any capacity
improvements and mitigating measures proposed to be provided by the Developer at no
cost to the Town. In making such determinations, the full traffic impact of all other
previously approved and valid permits shall be considered, regardless of project
phasing. Without limitation, the determination of significant adverse impact shall consider
traffic volumes, speeds, and resulting levels of service on residential streets, approaches
to the site of the proposed PUD and other key locations, all of which may be identified in
a Pre-Application Conference.
4.9.5.2.2. Transportation Plan: The PUD Developer shall prepare an acceptable
Transportation Plan aimed at reducing traffic congestion through means such as
spreading peak hour traffic, encouraging public transportation use and ride sharing. The
Plan shall include transportation goals and specific means to achieve them, such as
employment of a Transportation Coordinator to facilitate proposed actions; provision of
shuttle bus service to public transportation; van-pooling programs and flex-time
requirements. The Plan shall to the extent feasible include provisions to establish a
mechanism for participation in the Plan by subsequent owners and tenants of the PUD,
and the Developer shall guarantee sufficient financing of the Transportation Plan to
initiate and continue its operation through the first year of PUD occupancy. Developers
may arrange to coordinate their plans and share in the cost of such measures on an
area-wide basis.
4.9.5.2.3. Site circulation shall meet accepted design standards for private automobiles,
service vehicles, and emergency vehicles.
It is highly desirable to consolidate access to PUD's in a small number of widely spaced
principal access points, which may be driveways or Town-accepted side streets lying
entirely within the PUD Overlay District. Principal access should be consolidated in as
few locations as possible and, if feasible, it is desirable for adjacent developments to
share principal access. Principal access points generally should be spaced and aligned
or alternated according to good traffic engineering practice, and should be signalized if
necessary.
4.9.5.2.4. Parking should be provided in at least the following ratios through each
phase of development, unless the CPDC determines that a larger number of spaces are
dictated by special circumstances:
a. For office and research and development uses, and uses ancillary to them,
three parking spaces per 1000 gross square feet of floor area;
b. For hotels and customary uses within them, one parking space per rentable
room or suite;
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C. For residential uses, two parking spaces per unit, which parking spaces
may be stacked (one space being located directly behind the other) to a
depth of two spaces if serving the same residential unit. The CPDC may
allow shared parking on adjacent premises to count towards the residential
parking requirement, if the CPDC determines that such shared parking
meets the criteria in Section 4.9.5.2.5;
d. For places of assembly, one parking space per four seats;
e. For restaurants, one parking space for every four persons of the rated
seating capacity of the facility, plus one parking space for every employee
on the largest shift;
f. For retail uses, one parking space per three hundred square feet of gross
sales floor area;
g. For financial institutions, one parking space for each one hundred square
feet of floor area devoted to general banking services for public uses,
including area for automatic teller machines, plus one parking space for
each two hundred and fifty square feet devoted to office use, plus stacking
lanes for six cars at each drive-thru, plus one bypass lane for the drive-thru
area.
Ancillary uses should not normally require additional parking spaces.
Loading requirements shall be determined based on activity analysis provided by the
Developer.
Parking stall size shall be at least 8.5 by 18 feet, with provision for larger spaces as
required by the CPDC to accommodate short term parking, handicapped and large
vehicles.
Parking lots shall be landscaped in conformance with Section 4.9.5.5.6.
4.9.5.2.5. Shared parking may be approved by the CPDC as part of the PUD
decision subject to the following criteria:
a. Shared parking areas must be shown on a plan, be definable, be separated
by topography from other shared parking areas, and be in close proximity
to the uses they serve;
Parking needs between the uses sharing parking areas shall be shown by
the applicant to be different in terms of the times of the peak needs with
little overlap of such peak needs;
C. The number of parking spaces for a shared parking area shall be at least
the required number for the larger of the needs;
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d. An executed lease or other form of agreement between or referencing the
parties sharing parking must be filed with the CPDC and the Town Clerk
prior to issuance of a building permit for the uses sharing the parking, such
agreement shall be approved as to form, only, by Town Counsel;
e. If uses, or parties in interest noted in subsection d. above, change for the
areas delineated on the PUD plan, then a modification subject to the
requirements of Section 4.9.3.12. shall be filed and decided upon by the
CPDC prior to the issuance of building permits for the proposed areas.
4.9.5.2.6. Roadways within a PUD shall be constructed in conformance with
standards established by the Reading Department of Public Works.
The design of the overall circulation pattern shall be prepared in accordance with the
principles and concepts established in "Recommended Practices for Subdivision Streets"
prepared by the Institute of Traffic Engineers (1965).
4.9.5.3. Public Works Standards:
All on-site and off-site improvements, which include the installation of utilities, public
lighting, sewers and other public improvements, shall be constructed according to the
standards of the Reading Public Works Department and other appropriate departments.
4.9.5.4. Control of Runoff and Flooding:
The Developer shall demonstrate that, as compared with the situation that would exist
on the site without the PUD, no phase of the proposed PUD will result in an increase in
the peak rate of storm run-off at the parcel boundary for the PUD as a whole for the 25,
50, and 100 year design storms, and that there will be no net loss in flood storage
capacity for the 100 year design storm. In making such determinations, any state or local
orders or requirements that apply (for example, required closure of landfills or existing
Orders of Conditions under the Wetlands Protection Act) shall be assumed in the
calculations of runoff and flood storage without the PUD, but alternative forms of
development shall not be assumed.
4.9.5.5. Design Quality:
Project design shall be reviewed by CPDC with input from Town officials, the review
consultant(s) employed by the CPDC, and other property owners in the PUD Overlay
District.
The following are to be interpreted as guidelines to be applied flexibly by the CPDC and
as appropriate to the situation under review, including factors such as foundation
conditions and other extraordinary constraints. These guidelines apply to all site
improvements, buildings and structures, including structured parking facilities.
4.9.5.5.1. Building Placement:
a. Provide and preserve attractive views from major vantage points, especially
from major thoroughfares and residential neighborhoods.
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b. Avoid regular spacing and building placements that will be viewed as
continuous walls from important vantage points, which may be identified
in a PUD Pre-Application Conference.
4.9.5.5.2. Building Massing/Articulation:
a. Avoid unbroken building facades longer than 100 feet.
b. Provide human scale features, especially at street level.
C. Avoid unarticulated and monotonous building facades and
window placement.
4.9.5.5.3. Roofline Articulation:
a. Provide a variety of building heights and varied roofline articulation.
b. Provide step backs above the fourth level on buildings within 100 feet
of major streets.
C. In PUDs comprising three or more buildings, and where buildings over
six stories in height are proposed, locate taller buildings away from major
streets and residential uses.
4.9.5.5.4. Building Materials:
I
i
a. Use materials and building treatments that reduce the visibility of buildings
from distant vantage points and are compatible with backgrounds and
surroundings.
b. Use materials and colors compatible with other quality buildings of similar
scale in the area.
4.9.5.5.5. Landscape Treatment:
a. All open areas within a PUD should be landscaped in an appropriate
manner utilizing both natural and manmade materials such as grass,
trees, shrubs, attractive paving materials and outdoor furniture.
b. Deciduous trees should be planted along new and existing streets.
C. Plazas, arcades, malls, and similar amenities are encouraged.
d. Outdoor lighting should be considered in the landscaping plan and
should be designed to complement both manmade and natural
elements of the PUD and adjacent areas.
e. Intensive, high quality landscaping should be provided within the
PUD where it abuts major streets and on internal drives to achieve
a boulevard character.
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Landscape treatment should be emphasized on site boundaries
residential districts.
g. Existing vegetation shall be maintained wherever possible to provide
buffers and enhance site development.
4.9.5.5.6. Parking Lots:
a. Parking lots should use landscaping, screening, and terracing to break up
large areas of pavement and to enhance the appearance of such areas to
the greatest extent feasible, but no less than 5% of the total parking lot area.
b. Most parking lot landscaping should have a minimum dimension of five feet.
C. Trees and shrubs should be used to the maximum extent feasible.
4.9.5.5.7. Pedestrian Amenities:
a. Emphasize pedestrian amenities such as covered walkways, landscaped
open space, drop-off areas, and recreation facilities such as pedestrian
and/or jogging paths along on-site watercourses or which follow a PUD
parcel boundary.
b. Tree lined or otherwise appropriately landscaped pedestrian walkways
should link together areas designated as open space within the boundaries
of a site and wherever possible with designated open space throughout a
PUD Overlay District.
4.9.5.5.8. Utilities:
a. To the extent feasible, all utilities should be located underground.
4.9.5.6. Signage:
4.9.5.6.1. CPDC will review all allowed signage pursuant to the requirements of
Section 4.9.5.6.4. and the following general criteria:
a. Signage shall minimally meet the purpose of facilitating public and private
convenience and necessity; providing direction and facilitate proper traffic
flow; alleviating congestion on public streets; providing sufficient access
to private lands and businesses; minimizing curb cuts to public streets;
or encouraging utilization of fewer (or a single) curb cuts by more than
one user.
b. Sign scale is appropriate in relation to development scale, viewer
distance and travel speed, and sign sizes on nearby structures.
C. Sign materials, colors, lettering style and forms are compatible with
building design and use.
d. Sign content does not overcrowd the background.
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e. Sign legibility is not impaired by excessive complexity, multiple lettering
styles or colors or other distracting elements.
In cases where access to a public street is pursuant to Massachusetts
State Curb Cut, the Massachusetts Highway Department shall be consulted.
4.9.5.6.2. CPDC will review all allowed signage pursuant to the requirements of
Section 4.9.5.6.4. and shall use the following additional criteria to determine (unless
otherwise provided for in this Section 4.9.5.6.) the number, sizes/dimensions, and
locations of all signs on the lot:
a. The relationship between the size of a building facade(s) with the size of
the sign for that building;
b. The relationship between the number of tenants with the size of the sign;
C. The relationship between the size of a sign and the distance between the
structure;
d. The relationship of the location of entrance points to the lot from existing
roadways, the parking areas, and the internal circulation design to the
location and size of signs;
e. The relationship of the topography of the lot and existing vegetation on or
off the lot as it relates to the siting and visibility of a sign from the adjacent
roadways;
The relationship of the topography of the lot to the siting and visibility of a
sign from adjacent residential uses;
g. Site distance calculations and motor vehicle traffic and speeds;
h. The utility of the sign as it relates specifically to the purposes stated in
Section 4.9.5.6.1.a. above.
4.9.5.6.3. Overall Signage Requirements:
a. Signage shall be so designed, located, and sized to meet the minimal
requirement of clear direction to the site and through the site.
b. No sign, portion of a sign, or structural support for such sign should
extend above the lowest point of the main roofline of a building the
sign serves in identifying, unless otherwise approved by the CPDC.
C. Any lighting of a sign shall be constant (non-blinking), stationary and
installed in a manner that will prevent light from falling on any street or
adjacent property. Lighting shall be directed solely at the sign, or be
internal to the sign. All internally illuminated signs shall have an opaque
background or signboard such that illumination shows through only the
lettering and/or graphics.
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d. No sign shall be illuminated between the hours of 11:00 p.m. and
6:00 a.m. except signs for businesses open during those hours.
e. Signs shall not be designed, colored, or placed to create a hazardous
condition for motor vehicle traffic.
No animated, moving, or flashing signs shall be permitted on the building
or in the building so as to be seen from the outside, on the lot or the
adjacent lot. Traditional holiday decorations and lights, when in season,
are allowed.
g. Temporary real estate signs advertising rental, lease, or sale of the property,
or part thereof, shall be allowed for each use for up to ninety (90) days by
application to the Building Inspector. Such signs shall be set back a minimum
of ten (10) feet from the street line, shall be unlighted and shall not exceed
sixteen (16) square feet in area. Renewals of temporary real estate signs shall
be allowed by application to the Building Inspector. One such real estate sign
per lot, not to exceed thirty-two (32) square feet in area and twelve (12) feet in
height shall be allowed, upon application to the Building Inspector, for a period
not to exceed the date of the end of the PUD decision appeal period to the date
of occupancy of the first phase of the approved PUD development.
h. No window signs or any other interior signage that is visible from the outside
is allowed.
Repair and Maintenance - The Building Inspector is authorized to order the
repair or removal of any sign and its supporting structure that, in the judgment
of the Building Inspector, is dangerous, or in disrepair, or which is erected or
maintained contrary to this By-Law. Such repair or removal shall be the
responsibility of the building owner, and must be completed within thirty (30)
days of notification by the Building Inspector. Appeals from the Building
Inspector's order shall be to the Zoning Board of Appeals.
Within one hundred and twenty (120) days of the closing of a business, all
wording on any sign referencing that business must be painted over or
obliterated by the applicant for the PUD special permit and/or the building
owner.
k. Signs prohibited in Sections 6.2.2.4.a., b. and d. are prohibited in a PUD.
Signs exempted in Sections 6.2.2.5.x., f. and j. are exempted in a PUD.
4.9.5.6.4. Allowed Signs in the PUD-I:
a. Freestanding identification ground signs.
(1) Identification signs may be placed as a ground sign between the
street and the building.
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i (2) If the lot faces on two (2) or more streets/highway, and/or if the
lot has more than one entrance from a right of way, one (1) sign
serving each street/highway shall be allowed, and one (1) sign
per entrance shall be allowed, up to a maximum of three (3) free-
standing signs per lot.
b. Directional signs, building markers.
Such signs shall not exceed four (4) square feet in area, shall not be more
than four (4) feet high if placed on the ground, and shall not extend above
the roofline, if upon a wall. No advertisement is allowed on this type of
signage.
C. One wall sign per building or tenant is allowed.
For tenants or buildings facing more than one street/highway, one
additional sign for that tenant is allowed facing such street/highway.
d. For each building within a PUD-I district, signs located at the entry
door of specific tenants in a multi-tenant building.
e. Signs allowed in Sections 6.2.3.2.i., k. and I. are allowed in a PUD-I.
4.9.5.6.5. Notwithstanding anything in this PUD By-Law to the contrary, signage in a
PUD-R shall be subject to the following additional limitations: (a) The residential portion
I of a PUD-R may only have low identification signage of a size and design as is approved
by the CPDC, directional signage and such signage as is allowed in the underlying
i
residential district; (b) Commercial signage must be located within 300 feet of a Town
boundary and shall only face an interstate highway.
4.9.5.7. Special Requirements for Biotechnology Uses:
The following provisions shall apply to any establishment involving the use of
biotechnology:
a. Biotechnology Exclusion: Any RDNA technology use requiring BL4 level of
containment or higher, as classified by guidelines or regulations promulgated
by the National Institutes of Health (NIH) of the United States Department of
Health and Human Services, including those contained in 46 F.R. 34463-
34487 on July 1,1981 as may be amended and 45 F.R. 24968-24971 on
April 11, 1980, as may be amended, shall be prohibited.
b. Safety Reguirements: Any use of RDNA technology shall require compliance
with the administrative safety requirements of Section IV-D of the "Guidelines
for Research Involving Recombinant DNA Molecules" (46 F.R. 34463-34487)
promulgated by the National Institutes of Health on July 1, 1981, as may be
amended, including but not limited to the following:
(1) Establishment of an Institutional Biosafety Committee (IBC),
(2) Development of safety plans and manuals,
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(3) Appointment of a Biological Safety Officer.
C. Permits and Inspections: Any use of RDNA technology within a Zoning
Overlay District shall require a Special Permit issued by the Reading
Board of Health. Such permit shall be issued upon certification by the
BC that the facility is in compliance with this PUD By-Law and NIH
guidelines.
The Board of Health shall conduct annual inspections to ensure compliance.
The IBC shall renew certification annually.
d. Environmental Surveillance Program: The BC shall establish medical and
environmental surveillance programs in accordance with NIH guidelines
and submit such programs to the Board of Health for approval. Such
surveillance programs shall ensure compliance with all applicable State
and Federal Codes and regulations, and all test results shall be submitted
to the Board of Health on a periodic basis. Emergency preparedness
training and any associated additional cost for the Department of Human
Services, Fire Department, Police Department, and Department of Public
Works shall be conducted by facility safety personnel and paid for by the
occupant to train Town personnel for emergency response. Such training
shall be paid for by the developer or facility.
4.9.6. Use and Dimensional Reauirements as to PUD-R:
The following paragraphs shall serve as the basic Use and Dimension Requirements to
which all PUD-R projects shall adhere within each PUD-R overlay district and shall be
used by the Community Planning and Development Commission to evaluate any
proposed project.
4.9.6.1. Parcel Size and Eligibility
The minimum size of a PUD-R development parcel shall be 10 acres.
A development parcel may consist of land in more than one ownership, provided that all
land comprising the parcel lies entirely within the PUD-R overlay district and is
contiguous. Lots separated by a minor street as defined in Section 4.9.2.1. or right-of-
way or private way may be considered contiguous for this purpose.
Proposed developments may include pre-existing buildings provided that all PUD
requirements are satisfied by each new or existing building and for the PUD as a whole.
More than one principal building may be located on a lot, Section 5.2.8. notwithstanding.
4.9.6.2. Permitted Uses in PUD-R:
Planned Unit Developments in an underlying residential district may contain two or more
of the following uses subject to the findings of the CPDC as to net benefit and adverse
impacts of the proposed PUD:
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a. Residential uses, including one family dwellings, two-family dwellings,
townhouses and apartments
b. Any or all of the uses allowed in a PUD-1 in paragraphs (a), (b), (c), (f)
and (h) of Section 4.9.4.2., housing for the elderly, day care facility,
elder care facility, nursing home, medical clinic and ancillary offices
and facilities, but only if such uses are located within 300 feet of a
Town boundary.
C. Retail, consumer service, restaurant (with no drive-thru service), and
place of assembly and recreational use, but only if such use is located
within 300 feet of a Town boundary and is specifically found by the
CPDC to be ancillary to or supportive of a permitted use proposed in
the PUD-R development.
d. Open space - Areas used for open space, yards, buffer areas, private
ways, walkways, driveways, parking, recreation areas and areas classified
as resource areas in MGL, Chapter 131, Section 40, as amended, and in
the Reading Wetlands By-Law; such open spaces as may be included in
determining open space requirements pursuant to Section 4.9.6.4.2.e.
e. Recreational Uses.
Public and Quasi-Public Uses as set forth in Section 4.2.2.
g. All other uses are excluded from a Planned Unit Development in a PUD-R.
Adult Uses are expressly prohibited in a PUD-R District.
h. To encourage and promote the establishment of those uses permitted in
Section 4.9.6.2.(b) within portions of a PUD-R district that are within 300
feet of a Town boundary, no two-family dwellings, or multifamily dwellings
shall be built pursuant to a PUD-R Special Permit on land that is within
300 feet of a Town boundary for a period of seven years after the adoption
of the Zoning By-Law placing such land within the PUD-R overlay district.
In recognition of increased density and economic benefits to the applicant pursuant to a
PUD-R Plan, the CPDC may consider and condition the number and interior layout of
bedrooms in each residential unit that are being proposed by the developer in evaluating
the criteria pursuant to Section 4.9.5. of this By-Law.
4.9.6.3. Intensity of Use in PUD-R:
4.9.6.3.1. Residential:
The basic permitted intensity of the residential use in a PUD-R development shall not
average more than six (6) units to the acre for the portions of a PUD-R development that
are more than 300 feet from a municipal boundary.
26
If developed residentially, as per Section 4.9.6.2.h., the basic permitted intensity of
residential use in a PUD-R development shall not average more than eleven (11) units to
the acre for the portions of a PUD-R development that lies within 300 feet of a Town
boundary.
4.9.6.3.2. Uses as described in Section 4.9.6.2. b, c and f, respectively:
The basic permitted intensity of commercial use in a PUD-R development, expressed as
the Floor Area Ratio, is 0.55. In order to assist in making this calculation, plans
submitted for a PUD-R Special Permit that contain a such use shall show what portion
and area of the development parcel will be put to such use. Land under dwellings,
residential court yards, residential driveways, non-structured parking areas that serve
only residential uses and roadways that serve only residential uses shall not be counted
as part of the development parcel in calculating the FAR.
Areas which have been counted to satisfy the intensity limit for residential use may not
be counted also to satisfy the intensity limit for commercial use and areas which have
been counted to satisfy the intensity limit for commercial use may not be counted also to
satisfy the intensity limit for residential use.
4.9.6.4. Dimensional Requirements:
Each PUD-R development shall be governed by the dimensional requirements of this
section. These requirements apply only to the subject parcel as a whole, not to individual
lots created within the PUD-R.
4.9.6.4.1. Height: The maximum building height within a PUD-R shall be as follows:
a. The maximum building height as to a dwelling shall be 30 feet except that a
dwelling that is more than 50 feet from the PUD-R parcel boundary may be
35 feet in height and a dwelling that is at least 150 feet from dwellings that
are outside of a PUD and in existence at the time of Preliminary PUD Plan
submission, may have a maximum height of 40 feet, excepting that a dwelling
that is within 300 feet of the Town boundary may have a maximum height of
70 feet.
b. The maximum height of a commercial building shall be 72 feet.
Height shall be measured in the manner defined in Section 2.0. of this By-Law.
4.9.6.4.2. Setbacks and Buffers in a PUD-R:
a. The extent of buffering and setbacks shall in every case be based upon the
following criteria as reviewed by the CPDC:
Existing topography
Existing vegetation
Existing and Proposed Structures within and outside the PUD-R district
27
b. Non-residential Setbacks: All non-residential buildings shall be located at
least 50 feet from the boundary of the PUD parcel, excepting a boundary
which is also the Town boundary. Non-residential buildings (except
structured parking) shall not be located less than 150 feet from dwellings
outside of a PUD and in existence at the time of Preliminary PUD Plan
submission without the written consent of the owner of such dwellings and
shall not be less than 50 feet from dwellings in the PUD parcel. There shall
be a landscaped and/or naturally vegetated buffer at least 50 feet wide
where a non-residential area of a PUD-R parcel abuts residential properties
outside the PUD-R district.
C. Shadow Impact: Between 9:00 a.m. and 3:00 p.m. (EST) from February 21
to October 21, no building may cast a shadow on any dwelling outside of
the PUD-R parcel and in existence at the time of Preliminary PUD Plan
submission.
d. Residential Setbacks: All dwellings within a PUD-R shall be at least 20 feet
from the PUD-R parcel boundary, which 20 foot strip shall be landscaped
and/or naturally vegetated, except that a dwelling that is between 30 and 35
feet in height must be at least 40 feet from the PUD-R parcel boundary
(excluding a parcel boundary that is also a Town boundary) and a dwelling
that is over 35 feet in height must be at least 50 feet from the PUD-R parcel
boundary (excluding a parcel boundary that is also a Town boundary).
Natural vegetation shall be preserved in the minimum setback area along
the PUD-R parcel boundaries that abut property used for residential purposes
as reviewed and determined by CPDC. Buildings within the PUD-R which
contain residential units shall be no closer than 15 feet to each other.
e. Open Space: A PUD-R shall set aside at least 25% of its total parcel area
as required open space. Required Open Space may include wetlands and
water bodies; vegetated/landscaped area, including buffers; pedestrian
paths, sidewalks, and covered walkways; public plazas and hard surfaced
recreation areas. Required Open Space shall have a minimum dimension
of 20 feet (which may include the dimension across a water body) and shall
be open to occupants within the PUD=R; access by the general public is
desirable.
Recreation Space: A PUD-R that includes land within three hundred feet
(300') of the Town boundary must provide at least 15% of land within three
hundred feet (300') of the municipal boundary for recreational uses, such
uses being subject to approval of the CPDC.
4.9.6.5. Private Ways:
Private ways shall be allowed in a PUD-R development, provided that:
a. Site circulation shall meet accepted standards in the judgement of the
Town Engineer for private automobiles, service vehicles and emergency
vehicles.
28
b. Private way pavement widths shall not be less than twenty four (24) feet.
The construction standards for such private ways shall provide sufficient
base and surface strength in the judgment of the Town Engineer to support
normal vehicular usage, including but not limited to emergency vehicles and
delivery trucks, and plowing. The allowable private way grades shall be
between 1 % and 10% and private ways shall have a minimum centerline
radius of 75 feet. Private ways ending in a dead-end shall have a cul de sac
with a minimum curve radius of forty-five feet.
C. A private way in a PUD-R must have adequate, alternative vehicle connectors
to other private ways or roadways to provide alternative access for emergency
vehicles. Such emergency access connectors may be gated in a manner
satisfactory to the CPDC to avoid non-emergency use, but may cross any
existing zoning district.
d. Drainage and surface runoff are suitably accommodated.
e. Ways shall be continuous and, where possible, in alignment with existing
ways. All proposed ways shall compose a convenient system with adequate
connections to ensure full movement of vehicular travel.
If adjoining. property is not subdivided, consideration shall be given to the
possibility of future connections. In any case where developable land,
whether publicly or privately owned, adjoins the subject property, proposed
ways and/or easements shall continue to the exterior boundary of the PUD-R
site plan unless otherwise approved by the CPDC.
PUD-R plans shall specify that such private ways are not to be dedicated to the Town
but are to remain private ways; and all deeds conveying any portion of land or a
structure in a PUD-R development containing private ways shall specify that such
private ways shall always remain private ways.
Driveways which provide access only to one residential building that contains 15 or
fewer units or driveways that provide access only to a residential parking area do not
need to meet the private way requirements, but such driveways shall be of a sufficient
layout to provide safe and adequate access, in the judgment of the CPDC as advised by
the Town Engineer.
4.9.6.6. Owners' Association:
In order to ensure that private ways, common open spaces and common facilities within
a PUD-R development will be properly maintained, each PUD-R development shall have
one or more Owners' Associations, which shall be an entity established in accordance
with appropriate State law, and shall establish related covenants by suitable legal
instruments recorded at the Middlesex South Registry of Deeds or Registry District of
the Land Court. As part of the Final PUD-R Plan submission, the Developer shall supply
to the CPDC copies of such proposed instruments for review and approval prior to the
issuance of an occupancy permit.
29
- In cases where the PUD-R Plan proposes private ways, said legal instruments pertaining
to the Owners' Association shall specify that the Owners' Association shall be solely
responsible for private way maintenance, snow plowing, trash removal, and
improvements, for all costs associated with the operation and maintenance of street
lighting, and for reimbursement to the Town of all costs incurred by the Town relative to
such private ways. In cases where the PUD-R Plan shows private utilities, said legal
instruments shall specify that the Owners' Association shall be solely responsible for the
operation and maintenance of said utilities. Such instruments shall provide for the
periodic payment by owners within the PUD-R development of adequate amounts to
maintain the private ways, private utilities, and open space and drainage system and set
forth enforcement rights for collection of said periodic payment.
4.9.6.7. Landscaping Requirements in PUD-R:
Notwithstanding any and all other requirements in Section 4.9., the following
management of existing vegetation shall occur for PUD-R applications:
a. Prior to any cutting of vegetation and grading of the PUD-R, the developer
and representative (s) of the Town of Reading delegated by CPDC, including
any member of CPDC, the Town Planner, and/or the Tree Warden, shall
meet on the site to review which existing site trees shall be saved. Before
this meeting, the developer shall have staked the corners and property
lines of the PUD-R project and the corners of all proposed structures'
locations, and the developer shall have clearly marked with red flagging
each tree or group of trees the developer proposes to save. At this meeting,
said CPDC representative(s) shall approve or amend on site such marked
trees and any others they shall deem appropriate to be saved, which shall
immediately be similarly marked by the developer. Should the developer
object or take issue with any determination of the CPDC representative (s),
the developer may appeal such determination to the full CPDC.
b. Prior to the commencement of any site grading, the developer shall erect
around all such marked trees barriers for shielding around the trunks of such
trees; these barriers shall be located no closer than six (6) feet from the trunk
of each such tree or one-half (1/2) the distance from the trunk to the drip line
of each such tree, whichever is greater. Also prior to the commencement of
any site grading, the developer shall prepare a Record Plan showing the
approximate location, size and type of all such groups of marked trees to
be saved and submit such Plan to the Tree Warden for verification. Any
modification to the Record Plan may be made with the agreement of the
above parties.
C. The Town Planner shall not approve a building permit for any construction
and the Building Inspector shall not issue a building permit for any structure
within the PUD-R until certification is received from the Tree Warden that
these conditions have been complied with.
30
4.9.6.8. Stormwater Drainaae:
All PUD applications shall provide proof of compliance with the Department of
Environmental Protection Stormwater Regulations.
4.9.6.9. Pedestrian Access:
All PUD applications shall contain safe and convenient pedestrian access throughout the
project site and connecting to adjacent roadways and/or parcels.
4.9.6.10. Affordable Housing:
The intent of this section is to increase the supply of housing in the Town of Reading that
is available to and affordable by low and moderate income households and to encourage
a greater diversity of housing accommodations to meet the needs of the Town, and to
develop and maintain a satisfactory proportion of the Town's housing stock as affordable
housing.
Any PUD-R development shall provide within the Town of Reading, affordable housing
units equal to ten percent of the total residential units in the PUD-R. For property within
300' of the municipal boundary if developed residentially, requisite affordable units shall
be equal to fifteen percent of the total residential units in this area. When the
percentage calculation does not result in a whole number, it shall be rounded to the
nearest whole number.
The following standards shall apply to assure the maximum public benefit from such
affordable housing:
a. Restriction: The developer shall provide an adequate guarantee, acceptable
to the CPDC, to ensure the continued availability of the affordable units in
perpetuity; such guarantee may include deed restrictions, recorded deed
covenants relative to equity limitation, or other acceptable forms.
b. Marketing/Selection: The marketing and household selection process as
to the affordable units shall be conducted in collaboration with the Town or
its designee.
C. Local Preference: To the extent to do so would not cause the affordable
units not to be qualified as affordable housing pursuant to guidelines
established by the Massachusetts Department of Housing and Community
Development and to the extent allowed by law, preference as to affordable
units shall be given initially to current Reading residents, employees of the
Town of Reading, or those prospective buyers who were formerly Reading
residents for ten (10) years or more. The Town shall establish an equitable
procedure to implement this preference.
d. Appearance: On site affordable housing units shall have a minimum gross
floor area of one thousand (1,000) square feet and an exterior appearance
designed to be substantially indistinguishable from market-rate units.
31
e. Minimize Fees: If the affordable units are being sold as condominium units,
in order to minimize the monthly condominium fees to be paid by those
affordable units, the value assigned to such units and the percentage of
interest in the common areas allocated to those affordable units shall
recognize the affordable restrictions imposed on such affordable units, to
the maximum extent allowed by MGL Chapter 183A and other applicable law.
Developing Units: No more than twenty-five percent (25%) of the building
permits for the market rate residential units shall be issued for any PUD-R
development until construction has commenced on one-sixth of the afford-
able units. No more than fifty percent (50%) of the occupancy permits for
the market rate residential units shall be issued for any PUD-R development
until occupancy permits are issued for one-third of the affordable. No more
than eighty five percent (85%) of the occupancy permits for the market rate
residential units shall be issued until occupancy permits have been issued
for two thirds (2/3) of the affordable units. The CPDC may require financial
assurances in an amount as determined by CPDC from the applicant for the
remaining one third (1/3) of affordable units required to be provided.
g. Off-Site Units: Up to 50% of the required affordable units may be located off-
site from the PUD-R location within the Town of Reading. In order to use this
option, the size and types of units, unit location, and density of said units shall
be approved by the CPDC as part of their approval for the related PUD-R
Special Permit.
As a premium for the Developer being able to place affordable units off site, for
every three affordable units the developer elects to place off-site, the Developer
must provide an additional bonus affordable unit, which additional bonus unit
does not count towards the ten percent of affordable units the Developer is
required to provide. The placing of bonus affordable units off site does not
result in a requirement of additional bonus units.
Amend Section 4.2.2 Table of Uses only as follows:
Principal Uses RES RES RES BUS BUS BUS IND
Residential Uses
PUD-R SPP* No No No No No No
Business and Service Uses
Remove line dedicated to "Planned Unit Development and insert the following:
PUD-I No No No No No No SPP*
or take any other action with respect thereto.
Community Planning and Development Commission
32
ARTICLE 5 To see if the Town will amend the Town of Reading Zoning Map
as follows:
♦ Remove all designated areas in the Industrial Zone denoted as PUD and replace
same areas as PUD-I.
♦ Designate the following Assessors Map and Lot numbers as PUD-R:
Assessors Map 96, Lot 13;
Assessors Map 80, Lot 30;
Assessors Map 58, Lots 4, 6, 7, 8, &10
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 6 To see if the Town will vote to amend one or more of the votes
taken under Article 7 of the Warrant of the Annual Town Meeting of April 22, 2002,
relating to the Fiscal Year 2003 Municipal Budget, and see what sum the Town will raise
by borrowing or transfer from available funds, or otherwise, and appropriate as the result
of any such amended votes for the operation of the Town and its government, or take
any other action with respect thereto.
Board of Selectmen
ARTICLE 7 To see if the Town will authorize the Board of Selectmen to file a
Home Rule Petition with the General Court of the Commonwealth of Massachusetts
addressing issues related to the terms and circumstances of retired Reading Police
Officers working police details in the Town of Reading, or take any other action with
respect thereto.
Board of Selectmen
33
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
October 7, 2002, the date set for the meeting in said Warrant, and to publish this
Warrant in a newspaper published in the Town, or by mailing an attested copy of said
Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of
holding said meeting.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 10th day of September, 2002.
<
Ca ie-W.-Anthony, Chairman
Matthew Cummings, Vice Chair an
4, hair
1
Richard W. Schubert, Secrets
G
l
George V. Hines
Gail F. Wood
SELECTMEN OF READING
r
aniel W. Hallora , Constable
34
SPECIAL TOWN MEETING
Reading Memorial High School October 7, 2002
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:41 p.m., there being a
quorum present.
There was a moment of silence for former Town Meeting Member Michael Lenihan. Disabled
American Veterans Post 37 Color Guard presented the colors, followed by the Pledge of
Allegiance to the Flag.
Point of Personal Privileges were made by William Brown for Veterans Dance and Russ Graham
for School.
ARTICLE 1 - On motion by Camille W. Anthony, Chainnan of the Board of Selectmen, it was
moved to table the subject matter of Article 1.
ARTICLE 2 - On motion by Camille W. Anthony, Chainnan of the Board of Selectmen, it was
moved to table the subject matter of Article 2.
ARTICLE 3 - On motion by Richard W. Schubert, it was voted to amend the FY 2003 - FY
2012 Capital Improvements Program as detailed in the warrant report for the October 7 Special
Town Meeting as provided for in Section 7-7 of the Reading Home Rule Charter.
ARTICLE 1 - On motion by Jonathan Barnes, Chairman of CPDC, it was moved to remove
Article 1 from the table.
ARTICLE 1 - Town Planner Chris Reily gave the following presentation on Planned Unit
Development for Longwood Poultry Farm:
What is Affordable Housing?
® Rental or purchase price that is affordable to households with
annual incomes that do not exceed 80% of the Boston MSA
Median Household Income
® Annual cost of unit requires no more than 30% of household
income
Example, of 4-person family
80% Boston Area MPII = $58,300
30% of Monthly Income = $1,457.50
Maximum sales price = $17000
Chapter 40B:
What Is It?
® Massachusetts legislation requiring municipalities to maintain
10% of housing stock as affordable
® Allows streamlined application process and zoning incentives
for Comprehensive Permit developments with 25% affordable
component.
Overview of Housing in Reading
Based on 2000 Census:
Count % of Total
Housing Units 8,823 100%
Owner-Occupied 61320 71.6%
Renter-Occupied 17527 17.3%
- 2 - Special Town Meeting
October 7, 2002
Housing- Costs in Reading
Based on 2000 Census:
• Median Monthly Owner Costs $1,656
• Median Rent $739
Count %
• Owners paying 30%+
of Income on Housing
Renters paying 30%+
of Income on Housing
1,285 20.30%
473 30.90%
Where Is Reading?
Total
Affordable
% of Total
Current Units 89823
Developments Approved
420
4.59%
George Street
10
3
33%
Beacon Street
10
3
33%
1375 M
ain Street
8
2
25%
SUBTOTAL 28 8 28%
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October 7, 2002
Developments Proposed
Total Affordable % of Total
Longwood Farm
288
72
25%
Spence Farm
232
232
100%
Gaels Chase
24
6
25%
Sanborn Lane
4
1
25%
Governor's Drive
2
2
100%
SUBTOTAL
550
313
57%
Total for Units Ap
proved and Prop
osed
578
321
55%
ALL UNITS
9,401
721
7.6%
ARTICLE 1 - On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 1.
ARTICLE 4 - On motion by Jonathan Barnes, Chairman of CPDC, and amendment by Frederick
Van Magness, Precinct 8, it was voted to amend Section 4.9 Planned Unit Development of the
Reading Zoning By-laws as follows.
Remove all text found within Section 4.9 Planned Unit Development of the Reading Zoning By-
Laws and replace it with the following Section 49:
4.9. PLANNED UNIT DEVELOPMENT
4.9.1. Statement of Purpose and Authority:
The purpose of this Section is to encourage the construction of Plaruied Unit Developments
(PUDs) in designated Districts within the Town. Planned Unit Developments shall:
a. Permit a mix of land uses, densities and building types in one development.
b. Facilitate high quality, integrated planning of large-scale developments
beneficial to the Town and constructed in a manner which is highly
responsive to specific sites and their surroundings.
C. Require more rigorous development standards than those found in other
-4- Special Town Meeting
October 7, 2002
zoning districts.
4.9.2. Overlay Districts:
Planned Unit Development Districts shall take the form of overlay districts covering all or part of
Industrial Districts and designated portions of Residential Districts on the Reading Zoning Map.
For any land within a PUD District, a Developer may choose to confonn either to the zoning
regulations which govern the underlying district or to the PUD overlay regulations and procedures
set forth by this Section, whose specific provisions shall supersede all other provisions in the
Zoning By-Laws with respect to the underlying district including, without limitation, use,
intensity, dimensions, parking and site plan review; however, the provisions of any other overlay
district shall continue to apply.
Planned Unit Development Districts are overlaid on two zoning districts: Industrial and
Residential Zones. Section 4.9 controls development in this overlay utilizing the following terms:
PUD-I for Planned Unit Development District - Industrial for PUD's overlaid in the Industrial
Zone and PUD-R for Planned Unit Development District- Residential overlaid in the Residential
Zone. Language noted herein for PUD denotes the control is for development in both Residential
and Industrial Zones.
4.9.2.1. Definitions:
The following terms shall have, for the purposes of this PUD By-Law, the meanings hereby
assigned to them:
a. Affordable Housinu: Housing units priced to be available for purchase or rental by
households with annual incomes that do not exceed eighty percent (80%) of the
median annual household income for the Boston Metropolitan Area as detennined
by the most recent calculation of the U.S. Department of Housing and Urban Development
and so that the annual housing unit cost to the household does not
exceed 30% of the annual gross income of the household.
b. Commercial: A use or structure that is used other than for residential,
public, quasi-public or heavy industrial purposes.
C. Developer: One or more entities proposing together to develop a Planned
Unit Development parcel.
d. DNA: Deoxyribonucleic acid.
Existing: In existence at the time of filing a complete Preliminary PUD Plan
submission.
f Floor Area Ratio (or "FAR"): In a PUD, the ratio of total gross building floor
area in a PUD to the area of the development parcel. Gross floor area shall
be measured from outside wall surfaces and shall include ground floor areas of
interior atriums and lobbies, and mechanical and utility space on habitable floors
-5 - Special Town Meeting
October 7, 2002
but shall exclude rooftop space, balconies, elevator pits, or non-habitable areas
enclosed by ornamental roofs. Structured parking shall not be counted in the
determination of Floor Area Ratio. Areas classified as wetlands in MGL, Chapter
131, Section 40, as amended, may not exceed 10% of the development parcel area
used to compute FAR.
g. Minor Street: A street used primarily for access to abutting properties or
carving volumes of traffic less than 10,000 vehicles per average day.
h. Major Street: A street used for through access and carrying volumes of
traffic greater than 10,000 vehicles per average day.
i. PUD By-Law: Section 4.9. of the Reading Zoning By-Laws including all
subsections thereof.
Recombinant DNA (RDNA) Technology: The industrial science of molecular
constriction outside living cells by joining natural or synthetic DNA
segments to DNA molecules that can replicate in a living cell.
k. Residential Street: Any section of a street which lies within a residential
zoning district or any section of a street the centerline of which foams a
boundary of a residential zoning district.
Site: The development parcel upon which a PUD is proposed.
rm. Structured Parking: In a PUD, a parking garage or all or part of building
floors above or below grade to be used for automobile parking.
4.9.3. Special Permit for Planned Unit Development:
The Community Planning and Development Commission (the "CPDC"), as the Special Permit
Granting Authority, shall have authority to grant a Special Permit to constrict a Planned Unit
Development ("PUD) by a vote of at least four members of the five-member CPDC. The CPDC
shall evaluate proposed PUD projects and require all such projects to conform to the Planned Unit
Development requirements, standards and guidelines set forth in Sections 4.9.4. and 4.9.5 as to a
PUD in the Industrial District ("PUD-I") and as set forth in Sections 4.9.5. and 4.9.6 as to a PUD
in a Residential District ("PUD-R") to ensure that the benefits to the Town of a proposed project
outweigh any adverse impacts before granting a Special Permit. The CPDC shall adopt and from
time to time may amend regulations for the review of PUD Developments as provided in MGL,
Chapter 40A, Section 9.
The CPDC shall interpret all provisions of this PUD By-Law and all definitions and regulations
pertinent thereto and shall provide such interpretations upon request by an applicant for a Special
Permit to construct a PUD.
4.9.3.1. Overview of Special Permit Process:
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October 7, 2002
A Developer choosing to construct a Planried Unit Development in a PUD District shall apply for
a Special Pen-nit with the Community Plam-iing and Development Commission. The Special
Permit process shall include:
a. Pre-Application Conference (Optional)
b. Preliminary PUD Plan Review
C. Final PUD Plan Review
4.9.3.1.1. Alternative Procedure: As an alternative to the provisions of Sections 4.9.3.3.,
4.9.3.4., 4.9.3.6., 4.9.3.7. and 4.9.3.10., a Developer may elect to follow an alternative process as
specified below:
a. Preliminary Plan Submission of Application
The Developer shall submit an Abbreviated Notice of Resource Area
Delineation to the Reading Conservation Commission according to Massachusetts
General Laws, Chapter 131, Section 40 and Reading General Bylaws, Section 5.7.,
and obtain an Order of Resource Area Delineation relative to the proposed site
including an official delineation of any wetlands contained on the site, such
delineation to be accurately depicted on development plans subsequently submitted
for the site,
b. Subsequent to such Order of Resource Area Delineation, the Developer
shall request in writing that a joint public meeting of the CPDC and the
Conservation Commission to be held with the Developer to review the Developer's
proposed development. The Developer shall supply such written and
graphic material, in twenty copies, to fully describe and explain the
intended development concept, together with potential alternative options,
including number, location, and height of buildings, vehicular and pedestrian
circulation, parking, landscaping, open space, drainage control, wetlands
protection, off-site improvements, and any other features relevant to the
development concept.
C. Within thirty-five days of a request for a joint public hearing, the CPDC and
the Conservation Commission shall hold at least one session of a joint
public meeting with the Developer to discuss the development concept and
the options, issues, concerns and other matters relative to the proposal. All `parties
of interest' shall be given such notice of this meeting as required for a public
hearing under Massachusetts General Laws Chapter 40A. Particular attention shall
be paid to:
(1) Obtaining input from both Commissions simultaneously.
(2) Identifying concepts, options and approaches relative to the
development, potentially acceptable to both Commissions
within their respective purview, authority and responsibilities.
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October 7, 2002
(3) Reviewing mitigation measures which meet the concerns of
both Commissions.
d. Within sixty-five days of the filing by the Developer of a complete Final PUD
Plan, the CPDC shall hold a public hearing to consider issuance of a Special
Permit to construct a PUD. The Final PUD Plan shall be a definitive plan of the
development and contain such information as specified in Section 4.9.3.9.
Approval of the Special Permit shall be granted upon detennination by the CPDC
that the Final PUD Plan conforms with and meets the applicable requirements,
standards and guidelines set forth in Sections 4.9.4., 4.9.5. and 4.9.6 in a manner
consistent with the concept presented and the Commission's input received
according to Paragraph 4.9.3.1.1.b. The Special Permit may be granted with
conditions, or not granted, or granted by inaction, according to Section 4.9.3.11.
The Final PUD Plan may include application for approval of a proposed subdivision of the site in
accordance with the Rules and Regulations Governing the Subdivision of Land in Reading. A
separate endorsable Definitive Subdivision Plan meeting the requirements of said Rules and
Regulations may be included as part of the Final PUD Plan documents, and the public hearing for
consideration of such subdivision plan shall be held by CPDC concurrent with the Special Pen-nit
public hearing referenced herein.
At the Developer's election, the Conservation Commission shall hold at least one session of a
public hearing simultaneously with the CPDC Special Permit public hearing referenced herein,
for considering the Developer's Notice of Intent relative to the proposed PUD development. The
hearing shall be scheduled mutually between the CPDC and the Conservation Commission. The
request for such simultaneous public hearing must be accompanied by or preceded by a complete
Notice of Intent submission and all relevant application fees in accordance with Massachusetts
General Laws, Chapter 131, Section 40 and Reading General Bylaws, Section 5.7., and a waiver
of the time requirements for the Conservation Commission's holding of a hearing and issuance of
an Order of Conditions under said Chapter 131, Section 40 and said General Bylaws, Section 5.7.
The Conservation Commission may at its discretion continue sessions of its public hearing or
deliberate an Order of Conditions at places and times independent of the CPDC's public hearing
or meetings.
4.9.3.2. Pre-Application Conference:
A Developer desiring to obtain a Special Permit to constrict a Planned Unit Development may
request a Pre-Application Conference with the Community Plamzing and Development
Commission prior to submitting an application for the Special Permit.
The purpose of the Pre-Application Conference shall be to discuss both the Developer's intentions
and the CPDC's requirements with respect to the proposed PUD. Although not required, this
preliminary meeting is desirable since it should help to clarify many procedural and policy issues.
At the Pre-Application Conference, the CPDC shall discuss with the Developer the process for
obtaining a Special Pennit to construct a PUD and explain to him/her issues and scopes of studies
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October 7, 2002
that should be considered in planning the project, including specific submission items, such as
appropriate vantage points for visual analysis and extent of the traffic study area. The need for a
three-dimensional model for large projects shall be discussed by the developer and CPDC and a
determination shall be made as to whether such a model shall be an application requirement. The
CPDC shall review existing studies pertinent to the development and the status of other approved
PUDs and projects not yet permitted but under consideration, which should be considered in the
Developer's analyses. The Developer may discuss his/her development concept and range of
options concerning development. Any statement at the Pre-Application Conference made by
either the CPDC or the Developer concerning potential disposition of a Special Permit application
or the final form of the development shall not be legally binding.
The Developer shall not be required to present any written, quantitative, or graphic materials at
the Pre-Application Conference. The CPDC shall make available to the Developer at this time any
forms required for application for a Special Permit to construct a PUD.
4.9.3.3. Preliminary Plan:
A Developer who wishes to apply for a Special Permit to constrict a PUD shall submit to the
CPDC an application including a Preliminary PUD Plan submission for the entire proposed
project. If the Developer of the PUD comprises more than one entity, all participating entities
shall be signatories to the Special Permit application. Two copies of the Preliminary PUD Plan
shall remain available to the public during the application process and shall be located in the
Town Cleric's Office and Reading Public Library. Any three-dimensional model of the proposed
project as may be required shall be displayed at a suitable public building within the Town.
The CPDC shall require a Submission Fee sufficient to cover consultant fees and any other costs
associated with reviewing the Preliminary and Final Plan Submissions. The fee amounts shall be
as specified in the CPDC's "Fee Schedule for Site Plan Review Process."
4.9.3.4. Preliminary Plan Submission:
The Preliminary PUD Plan shall include a complete set of written, quantitative, and graphic
materials in the appropriate number according to the PUD Plan Submission Regulations adopted
by the CPDC and amended by it from time to time in accordance with MGL, Chapter 40A,
Section 9.
4.9.3.5. Town Review:
Between the date a Developer submits a complete application for a Special Permit to construct a
PUD and the date of the first public hearing, the CPDC may distribute the Preliminary PUD Plan
for review to Town Departments, elected and appointed Town Boards, and such professional
planning, architecture, and engineering consultants as the CPDC deems appropriate and whose
fees are paid for by the developer. All comments on the Preliminary PUD Plan shall be submitted
in writing to the CPDC before the scheduled date of the first public hearing. All written continents
shall be made a part of the public record on the application for a Special Permit and shall remain a
public record.
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October 7, 2002
4.9.3.6. Public Hearing on Preliminary Plan:
Within 65 days of the date of receipt of a complete application for a Special Pennit to construct a
PUD, the CPDC shall hold a public hearing. The purpose of the public hearing shall be to solicit
public comments concerning the Preliminary PUD Plan.
4.9.3.7. Action on Preliminary Plan:
Within 21 days after the close of said public hearing, the CPDC shall make a determination
concerning the Preliminary PUD Plan. If the CPDC approves the Preliminary PUD Plan or
conditionally approves it subject to modifications, then the Developer shall submit a Final PUD
Plan, as specified in Section 4.9.3.9. If the CPDC disapproves the Preliminary PUD Plan, then the
application for the Special Pen-nit shall be denied, and the CPDC shall state in writing its reasons
for denial. If the CPDC makes no decision within the specified time limit, then the Preliminary
PUD Plan shall be considered approved, and the Developer shall prepare a Final PUD Plan.
4.9.3.8. Public Improvements Compensation:
When reviewing a Developer's Preliminary PUD Plan, the CPDC shall analyze the proposed
PUD to detennine what if any extraordinary public improvements are necessary to accommodate
or service the project. The Developer shall be required by the CPDC to provide such needed
improvements at no cost to the Town, or alternatively, to offset the expense of such improvements
to be provided by the Town. The CPDC may engage a consultant, at the expense of the applicant
to estimate the costs of any such improvements. Such estimate shall be reviewed by the Reading
Public Works Director and the Town Engineer.
4.9.3.9. Submission of Final Plan:
The Final PUD Plan shall be a definitive plan of development with design sufficiently developed
to provide the basis for the CPDC's detenninations regarding the requirements, standards, and
guidelines of this PUD By-Law, and shall include a complete set of written, quantitative, and
graphic materials in the appropriate number according to the PUD Plan Submission Regulations
adopted by the CPDC and amended by it from time to time in accordance with MGL, Chapter
40A, Section 9. The Final PUD Plan shall be consistent with the approved Preliminary PUD Plan
except for changes by amendment or in accordance with conditions attached to the CPDC's
approval of the Preliminary PUD Plan and shall satisfy all such conditions.
The Developer shall submit a Final PUD Plan to the CPDC no later than 59 days after the
issuance of the decision referred to in Section 4.9.3.7. Failure to submit a Final PUD Plan within
the specified time period shall result in termination of the application for a Special Permit to
construct a PUD.
Two copies of the Final PUD Plan shall remain available to the public during the application
- , process and shall be located in the Town Clerk's Office and the Reading Public Library. Any
three-dimensional model of the proposed project as may be required shall be displayed at a
suitable public building within the Town.
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October 7, 2002
4.9.3.10. Additions or Amendments to the Preliminarv Plan:
Additions or amendments to the Preliminary PUD Plan at this stage shall be deemed either major
or minor by the CPDC according to Sections 4.9.3.13. and 4.9.3.14. Minor additions or
amendments shall be authorized by written approval of the CPDC. Major additions or
amendments shall be considered as original items to the application and be subject to the
procedures specified in Section 4.9.3.12. The CPDC shall decide whether proposed changes are
major or minor.
4.9.3.11. Public Hearing and Decision on Final Plan:
Within 21 days after the submission as per Section 4.9.3.9 of a complete PUD Plan, the CPDC
shall hold a public hearing to consider issuance of a Special Permit to construct a PUD in
accordance with the Final PUD Plan. Approval of the Special Pen-nit shall be granted upon
detennination by the CPDC that the Final PUD Plan conforms with and meets the applicable
requirements, standards, and guidelines set forth in Sections 4.9.4. 4.9.5. and 4.9.6. in a manner
consistent with the approved Preliminary PUD Plan, and contains all revisions required by the
CPDC in its conditional approval of said Plan. The CPDC may grant the Special Permit with
conditions consistent with its approval of the Preliminary PUD Plan. If not granting a Special
Permit to constrict a PUD, the CPDC shall make its final decision in writing and shall specify its
reasons for denial. If the CPDC makes no decision within 60 days after the submissions as per
Section 4.9.3.9, then the Final PUD Plan shall be considered approved and the Special Pen-nit to
construct a PUD shall be deemed granted. 1
4.9.3.12. Amendments to Final Plan:
After approval of the Special Permit by the CPDC, the Developer may seek amendments to the
Final PUD Plan.
Amendments to the Final PUD Plan shall be considered major or minor. Minor amendments, as
specified in Section 4.9.3.13, shall be authorized by written approval of the CPDC. Major
amendments, as specified in Section 4.9.3.14. shall be grounds for reconsideration of the Special
Permit to construct a PUD and shall be reviewed subject to procedures specified above in
Sections 4.9.3.4. through 4.9.3.12., as applicable. Denial of a proposed major amendment shall
not invalidate the Special Permit to construct a PUD in confonnance with the previously
approved Final PUD Plan.
4.9.113. Minor Amendments:
Minor amendments are changes which do not substantially alter the concept of the approved PUD
in tenors of floor area ratio, use, height, provision of open space, or the physical relationship of
elements of the development. Minor amendments shall include, but not be limited to the
following: small changes in floor area, mix of uses, site coverage, height, setbacks, or open space;
small changes in the location of buildings, open space, or parking; or small changes in the
alignment of minor streets on-site. I
4.9.3.14. Major Amendments:
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October 7, 2002
Major amendments represent substantial deviations from the PUD concept approved by the
CPDC. Major amendments shall include but not be limited to the following: large changes in
floor area, mix of uses, site coverage, height, setbacks, or open space; large changes in the
location of buildings, open space, or parking; or large changes in the circulation system, including
the number and location of access ways.
4.9.3.15. Development Schedule:
The Developer shall begin constriction of the PUD within 24 months of the date of the granting
of the Special Permit (or, if applicable, following appeal as provided in MGL, Chapter 40A,
Section 9) in reasonable conformance with the development schedule submitted with the Final
PUD Plan. The CPDC shall grant in writing an extension of this time period of up to an additional
24 months upon determination of good cause. If the Developer fails to commence construction of
the PUD within 24 months plus any approved extension period, the Special Permit shall lapse.
4.9.3.16. Phased Development:
If a phased development is proposed by the Developer, the Final PUD Plan shall contain all
required written, quantitative, and graphic information necessary to evaluate the proposed PUD as
a whole and to serve as a basis for granting the Special Permit, plus a final Development Schedule
for the completion of the PUD indicating the proposed dates and scope of work to be
accomplished in each phase. Site improvements may be phased only in conformity with the
phasing schedule included in the approved Final PUD Plan, and only to the extent that all
requirements, standards, and guidelines of this PUD By-Law are met in each phase. The initial
phase shall include at a minimum the site improvements necessary for one or more buildings and
may, at the Developer's option, include one or more buildings.
Deviations from the Final PUD Plan in any phase shall be designated a major or minor
amendment to the Final PUD Plan by the CPDC and treated as such according to Section
4.9.3.12.
If the PUD is to be developed in phases, the Developer shall begin the construction of each phase
in accordance with the approved Phasing Schedule; however, the CPDC shall grant additional
extensions in the timing of phases for up to 24 months each as minor amendments to the Final
PUD Plan, upon the determination of a reasonable cause. If the Developer fails to commence
constriction of a PUD phase. within the specified time limit for that phase, including any
approved extension period, said failure shall be deerned a major amendment to the Final PUD
Plan, and the phase at issue and all subsequent phases which depend upon said phase for their
construction and operation in conformance with the Final PUD Plan must be re-approved in
accordance with Section 4.9.3.12.
4.9.3.17. Conformity with PUD Plan and. Special Permit:
I
The CPDC shall include as a condition to all Special Permits granted for construction of PUDs
that no construction of a PUD or any phase thereof may be authorized until the CPDC has
reviewed and approved a Design Submission for work to be done, such submission to include
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October 7, 2002
architectural, site, and landscape design documents, sufficiently developed to permit review of
conformance to the Final PUD Plan and Special Permit conditions, in accordance with the PUD
Plan Submission Regulations of the CPDC.
If deemed necessary by the CPDC, a public hearing may be held for review of any Design
Submission. Design Submissions shall be reviewed by the CPDC solely for conformity with the
Final PUD Plan, with Special Permit conditions, and, only to the extent not already reviewed and
approved, with the requirements, standards, and guidelines applicable to the construction of the
phase in question. If the CPDC makes no decision upon a Design Submission within 90 days of
receipt of all required materials, said Special ' Permit condition shall be deemed to be satisfied
regarding said PUD or phase thereof.
The CPDC shall adopt regulations requiring one or more of the following in amounts and duration
sufficient to guarantee that all commitments in the approved PUD Plan to provide public
improvements or to take other actions are properly completed: perfonnance bonds, deposit of
money or negotiable securities with the Town, or a satisfactory agreement with a lending
institution to retain funds pending completion of such improvements or actions. If a PUD Plan is
being developed in phases such guarantees may be provided in the discretion of the CPDC in
increments relative to the phases being developed.
If, for any PUD or construction phase thereof, the CPDC finds that either the Developer has failed
to begin development within the specified time period, including any approved extension period,
or that the Developer is not proceeding in conformity with the Special Permit, then the CPDC
may, after 60 days from written notice (and any additional period which the CPDC may deem
necessary so as to provide the Developer reasonable opportunity to cure any deficiencies), revoke
the Special Permit as it applies to the phase of construction at issue and/or require that the
Developer amend the Final PUD Plan subject to procedures specified in the Amendments to Final
PUD Plan, Section 4.9.3.12. If the CPDC revokes the Special Permit for the PUD, then the Final
PUD Plan shall be null and void as it applies to the phase of construction at issue and all
subsequent phases which depend upon said phase for their construction and operation in
conformance with the Final PUD Plan. The provisions of this paragraph may be enforced by the
Reading Building Inspector by denying and/or revoking a certificate of occupancy or building
permit in addition to the powers of enforcement already granted under the Zoning By-Laws and
Massachusetts State Building Code.
Upon satisfaction of all applicable Special Permit conditions, the CPDC shall issue a certificate of
compliance for one or more PUD phases. No certificate of occupancy shall be issued for a given
PUD-I phase until a certificate of compliance has been issued.
4.9.4. Use and Dimensional Requirements at PUD-I•
The following paragraphs shall serve as the basic Use and Dimension Requirements to which all
PUD-I projects shall adhere within each PUD-I overlay district and shall be used by the
Community Planning and Development Commission to evaluate any proposed project.
4.9.4.1. PUD-I Parcel Size and Eligibility
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October 7, 2002
The minimum size of a PUD-I development parcel shall be 80,000 square feet. Development
l parcels of 500,000 square feet or larger shall be termed "large PUD-Is" and qualifying parcels
smaller than 500,000 square feet shall be termed "small PUD-Is."
A development parcel may consist of land in more than one ownership, provided that all lots
comprised by the parcel lie entirely within the PUD-I overlay district and are contiguous. Lots
separated by a minor street or right-of-way as defined in Section 4.9.2.1. may be considered
contiguous for this purpose.
Proposed developments may include pre-existing buildings provided that all PUD-I requirements
are satisfied by each new or existing building and for the PUD as a whole. More than one
principal building may be located on a lot, Section 5.2.8. notwithstanding.
4.9.4.2. PUD-I Permitted Uses:
Planned Unit Developments in an Industrial District may contain two or more of the following
uses subject to the findings of the CPDC as to net benefit and adverse impacts of the proposed
PUD:
a. Office use;
- b. Research and Development uses, such as electronic or computer laboratories;
biotechnology laboratories including those which utilize RDNA technology and
low-level nuclear materials; light manufacturing related to electronic or computer
laboratories or biotechnology laboratories including those which utilize RDNA
tecl-urology and low-level nuclear materials, but excluding activities which
exclusively possess, use or transfer licensed nuclear materials (including source
materials, special nuclear materials, or by-product materials as defined in Title 10,
Chapter 1 of the Code of Federal Regulations, Part 20, "Standards for Protection
Against Radiation"), or other toxic or hazardous materials;
C. Hotel;
d. Restaurant (with no drive-thru service), place of assembly, and recreational use;
e. Retail;
f. Financial institution;
g. Consumer service, ancillary to a permitted primary use pursuant to this Section
4.9.4.2.
h. Parking (including structured parking) to accommodate the above;
i. Residential uses within 200 feet of Residence Districts;
j. Open space.
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October 7, 2002
All other uses are excluded from a Planned Unit Development in an Industrial zone.
4.9.4.3. PUD-I Intensity of Use:
The pennitted intensity of use in a PUD-I development shall be expressed as the ratio of total
gross building floor area to the area of the development parcel (Floor Area Ratio or "FAR").
Gross floor area shall be measured from outside wall surfaces and shall include ground floor areas
of interior atriums and lobbies, and mechanical and utility space on habitable floors, but shall
exclude rooftop space, balconies, elevator pits, or non-habitable areas enclosed by ornamental
roofs. Structured parking shall not be counted in the determination of Floor Area Ratio. Areas
classified as wetlands in MGL, Chapter 131, Section 40, as amended, may not exceed 10% of the
development parcel area used to compute FAR. The basic allowable FAR for PUD-I
developments is 0.50 for small PUD-I s and 0.55 for large PUD-Is.
4.9.4.4. PUD-I Discretionary Intensity and Height Determination:
The CPDC may approve additional FAR above the basic ratio for small or large PUD-Is and
additional height above the basic limit if it finds in applying the criteria of Section 4.9.4.5. that the
net benefits to the Town are thereby increased.
The CPDC may in no case increase the pennitted Floor Area Ratio beyond 0.65 for small PUD-I
and 0.70 for large PUD-Is nor may it increase permitted height beyond the maximum limitations
of Section 4.9.4.6.
4.9.4.5. Criteria for Determining Increased Development Intensity and Height
in a PUD-I District:
The basic allowable intensity of use may be increased in a PUD-I if the CPDC finds that
provision of one or more of the following public improvements or amenities provides substantial
public benefits. The additional building area permitted should be commensurate with the quality
and value to the Town of one or more of the following improvements and amenities:
a. Significant improvement of the enviromnental condition of a site;
b. Provision of or contribution to off-site public facility improvements which
enhance the general condition of the district and surrounding areas;
C. Dedication of open space or recreational facilities for use by the general
public;
d. Provision of open space beyond 15% of the parcel area, or of outdoor recreational
facilities for use by a PUD-I project's occupants or by the general public, and of
sufficient size and quality to offset filly any adverse aesthetic effects of proposed
parking garages;
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October 7, 2002
C. Work with other owners and tenants of a PUD-I overlay district to develop and
achieve district-wide and adjacent neighborhood improvement goals;
f. Provision of public art, distinctive and appropriate design, or other
amenities that a Developer may propose which will provide unique
advantages to the general public or contribute to achieving Town-wide
improvement goals;
g. Provision of low or moderate income or elderly housing within the PUD-I in
confonnance with this PUD-I By-Law and/or off site in a manner acceptable to the
Reading Housing Authority.
4.9.4.6. PUD-I Dimensional Requirements:
Y Each PUD-I development shall be governed by the dimensional requirements of this section.
These requirements apply only to the development parcel as a whole, not to individual lots within
the PUD-I.
The basic maximum height within a PUD-I shall be the lesser of 84 feet or six stories. Height
shall be measured in the maiuier defined in Section 2.0. of this By-Law.
The maximum height of residential structures within a PUD-I shall not exceed 40 feet or three
stories. If 10 percent of such units are restricted for low or moderate income or elderly housing,
the maximum height of all proposed residential structures shall not exceed 50 feet or four stories.
In a large PUD-I, the CPDC may in its discretion and in accordance with Section 4.9.4.4. approve
building heights up to 168 feet or 12 stories, whichever is less, subject to the following
limitations:
a. Buildings with over eight stories may not contain in aggregate more than one third
of the total gross floor area of the PUD-I;
b. At least one third of the gross floor area of the PUD-I shall be contained in
buildings with six stories or lower;
C. Only one building over 10 stories may be built for every 1,000,000 square feet of
PUD-I parcel area;
d. Buildings shall be oriented and arranged to provide the best overall appearance
from important vantage points, which may be identified in a Pre-Application
Conference;
e. The increase in permitted height may not have any significant adverse effect on the
PUD-I Overlay District, adjacent residential districts or abutting property.
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October 7, 2002
However, the CPDC shall in no case approve building heights above the basic maximum height
for any Planned Unit Development-Industrial in the area bounded by the MBTA railroad right-of-
way and by the lots fronting on Ash Street.
4.9.4.6.1. PUD-I Setbacks and Buffers:
All non-residential buildings shall be located at least 50 feet from the boundary of the PUD-I
parcel. All non-residential buildings shall be located at least 150 feet from residential structures in
existence at the time of Preliminary PUD-I Plan submission. All residential buildings within a
PUD-I shall be at least 30 feet from the parcel boundary but no further than 200 feet from a
Residential District. There shall be a landscaped and/or naturally vegetated buffer at least 50 feet
wide where the development parcel abuts residential properties. Alternatively, where residential
uses occur in the PUD-I, a landscaped and/or naturally vegetated buffer at least 30 feet wide shall
be provided.
Along major arterial streets, as defined in Section 4.9.2.1., buildings shall be set back at least 75
feet (or the height of the building if greater than 75 feet), and a landscaped and/or naturally
vegetated buffer at least 50 feet wide shall be provided along such major streets, except where site
entrances occur.
No buffer may contain parking or paved surfaces except for pedestrian paths and' site entrances.
Between 9:00 a.m. and 3:00 p.m. (EST) from February 21 to October 21, no building may cast a
shadow on any residential structure in existence at the time of Preliminary PUD-I Plan
submission.
A PUD-I shall set aside at least 15% of its total parcel area as required open space; additional
open space will be considered in proposed development intensities in excess of the basic
permitted FAR and height.
Required Open Space shall have a minimum dimension of 20 feet (which may include the
dimension across a water body) and shall be open to tenants and customers within the PUD-I;
access by the general public is desirable and will be considered in proposals for additional
development intensity and height.
A PUD-I which includes residential use shall delineate the area of residential use and shall set
aside at least 25% of the site within this area as open space available to and usable by the
occupants of the residential units.
Required Open Space may include:
a. Wetlands and water bodies, including the normal water surface area of detention or
retention ponds up to 50% of the required open space area;
b. Vegetated/landscaped area, including buffers;
C. Pedestrian paths, sidewalks, and covered walkways;
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October 7, 2002
d. Public plazas and hard surfaced recreation areas.
4.9.5. Environmental Standards and General Development Guidelines:
In addition to confonning to the Use and Dimensional Requirements governing all PUD Overlay
Districts, approval of a Special Permit to construct a PUD shall be granted also upon
determination by the Community Plamling and Development Commission that a proposed PUD
satisfies the following criteria; in any disapproval of a PUD, the CPDC shall state in writing the
specific reasons for its finding that the proposed PUD does not satisfy one or more of the criteria.
Mitigation measures proposed by the Developer, at no cost to the Town, shall be considered.
Mitigation measures may include, among other options, the advancement or contribution to long
tern capital improvement projects.
The following is the criteria CPDC shall use in making such satisfactory determinations:
a. That it confonns as appropriate to the existing policy plans established by the
Town Meeting, Selectmen, and CPDC for the specific area of the Town in which
the proposed PUD is located.
b. That there is no significant adverse effect under any of the following:
(1) Quality of site design, building design, and landscaping as they
I affect occupants of the proposed development, the PUD
District, adjacent residential districts, and the Town of Reading
as a whole;
(2) Traffic flow and safety in the context of this and other proposed
developments in the PUD Overlay District and sensitive nearby
areas, which may be identified in the scope of a State
Environmental Impact Report and/or in a Pre-Application
Conference;
(3) Water quality, air quality, wetlands, and the natural environment;
(4) Provision of open space;
(5) Adequacy of utilities and other public works and impact on existing
public facilities within the Town; and
(6) Potential fiscal impact to the Town of Reading.
C. That approval of the proposed PUD provides benefits to the Town which outweigh
all adverse effects, as evaluated under the above criteria.
4.9.5.1. Environmental Standards:
A PUD shall confonn in each phase to all applicable Federal, State, and local laws and
regulations (including all such regulations established by the U.S. Environmental Protection
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October 7, 2002
Agency and the Massachusetts Department of Environmental Protection) regarding the
environment such as those concerning noise, air quality, wetlands, water quality, and protection
from flooding.
4.9.5.2. Transportation. Site Circulation and Parking:
No vehicular access (except for emergency vehicles and structured parking access) shall be
allowed between the portion of a Planned Unit Development used for non-residential purposes
and any residential street. Safeguards shall be imposed by the CPDC to prohibit or minimize
commercial traffic access across residential areas. Dwellings built pursuant to a PUD-R Special
pen-nit and which are located within 300 feet of a Town Boundary shall be accessed through the
abutting municipality to the extent lawful and feasible as detennined by the CPDC.
4.9.5.2.1. Significant Traffic Impact: The CPDC may not approve a proposed PUD which in its
opinion has significant adverse traffic impact, as detennined following examination by the CPDC
of the Developer's traffic analysis and any other traffic analysis of the affected area available to
the CPDC which is germane to the proposed PUD.
In making its detennination, the CPDC shall consider the feasibility of any capacity
improvements and mitigating measures proposed to be provided by the Developer at no cost to
the Town. In making such detenninations, the full traffic impact of all other previously approved
and valid permits shall be considered, regardless of project phasing. Without limitation, the
determination of significant adverse impact shall consider traffic volumes, speeds, and resulting
levels of service on residential streets, approaches to the site of the proposed PUD and other key
locations, all of which may be identified in a Pre-Application Conference.
4.9.5.2.2. _Transportation Plan: The PUD Developer shall prepare an acceptable Transportation
Plan aimed at reducing traffic congestion through means such as spreading peal', hour traffic,
encouraging public transportation use and ride sharing. The Plan shall include transportation goals
and specific means to achieve them, such as employment of a Transportation Coordinator to
facilitate proposed actions; provision of shuttle bus service to public transportation; van-pooling
programs and flex-time requirements. The Plan shall to the extent feasible include provisions to
establish a mechanism for participation in the Plan by subsequent owners and tenants of the PUD,
and the Developer shall guarantee sufficient financing of the Transportation Plan to initiate and
continue its operation through the first year of PUD occupancy. Developers may arrange to
coordinate their plans and share in the cost of such measures on an area-wide basis.
4.9.5.2.3. Site circulation shall meet accepted design standards for private automobiles, service
vehicles, and emergency vehicles.
It is highly desirable to consolidate access to PUD's in a small number of widely spaced principal
access points, which may be driveways or Town-accepted side streets lying entirely within the
PUD Overlay District. Principal access should be consolidated in as few locations as possible and,
if feasible, it is desirable for adjacent developments to share principal access. Principal access
points generally should be spaced and aligned or alternated according to good traffic engineering
practice, and should be signalized if necessary. -
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October 7, 2002
4.9.5.2.4. Parking should be provided in at least the following ratios through each phase of
development, unless the CPDC determines that a larger number of spaces are dictated by special
circumstances:
a. For office and research and development uses, and uses ancillary to them,
three parking spaces per 1000 gross square feet of floor area;
b. For hotels and customary uses within them, one parking space per rentable
room or suite;
C. For residential uses, two parking spaces per unit, which parking spaces may be
stacked (one space being located directly behind the other) to a depth of two
spaces if serving the same residential unit. The CPDC may allow shared parking
on adjacent premises to count towards the residential parking requirement, if the
CPDC determines that such shared parking meets the criteria in Section 4.9.5.2.5;
d. For places of assembly, one parking space per four seats;
C. For restaurants, one parking space for every four persons of the rated seating
capacity of the facility, plus one parking space for every employee on the largest
shift;
f. For retail uses, one parking space per three hundred square feet of gross
sales floor area;
g. For financial institutions, one parking space for each one hundred square
feet of floor area devoted to general banking services for public uses,
including area for automatic teller machines, plus one parking space for each two
hundred and fifty square feet devoted to office use, plus stacking lanes for six cars
at each drive-thru, plus one bypass lane for the drive-thru area.
Ancillary uses should not nonnally require additional parking spaces.
Loading requirements shall be determined based on activity analysis provided by the Developer.
Parking stall size shall be at least 8.5 by 18 feet, with provision for larger spaces as required by
the CPDC to accommodate short term parking, handicapped and large vehicles.
Parking lots shall be landscaped in conformance with Section 4.9.5.5.6.
4.9.5.2.5. Shared parking may be approved by the CPDC as part of the PUD decision subject
to the following criteria:
a. Shared parking areas must be shown on a plan, be definable, be separated by
topography from other shared parking areas, and be in close proximity to the uses
they serve;
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b. Parking needs between the uses sharing parking areas shall be shown by the
applicant to be different in terns of the times of the peak needs with little overlap
of such peak needs;
C. The number of parking spaces for a shared parking area shall be at least the required
number for the larger of the needs;
d. An executed lease or other form of agreement between or referencing the parties
sharing parking must be filed with the CPDC and the Town Clerk prior to issuance
of a building permit for the uses sharing the parking, such agreement shall be
approved as to form, only, by Town Counsel;
e. If uses, or parties in interest noted in subsection d. above, change for the areas
delineated on the PUD plan, then a modification subject to the requirements of
Section 4.9.3.12. shall be filed and decided upon by the CPDC prior to the
issuance of building permits for the proposed areas.
4.9.5.2.6. Roadways within a PUD shall be constructed in conformance with
standards established by the Reading Department of Public Works.
The design of the overall circulation pattern shall be prepared in accordance with the principles
and concepts established in "Recommended Practices for Subdivision Streets" prepared by the
Institute of Traffic Engineers (1965).
4.9.5.3. Public Works Standards:
All on-site and off-site improvements, which include the installation of utilities, public lighting,
sewers and other public improvements, shall be constructed according to the standards of the
Reading Public Works Department and other appropriate departments.
4.9.5.4. Control of Runoff and Flooding:
The Developer shall demonstrate that, as compared with the situation that would exist on the site
without the PUD, no phase of the proposed PUD will result in an increase in the peak rate of
storm run-off at the parcel boundary for the PUD as a whole for the 25, 50, and 100 year design
storms, and that there will be no net loss in flood storage capacity for the 100 year design storm.
In malting such detenminations, any state or local orders or requirements that apply (for example,
required closure of landfills or existing Orders of Conditions under the Wetlands Protection Act)
shall be assumed in the calculations of runoff and flood storage without the PUD, but alternative
forms of development shall not be assumed.
4.9.5.5. Design Quality:
Project design shall be reviewed by CPDC with input from Town officials, the review
consultant(s) employed by the CPDC, and other property owners in the PUD Overlay District.
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The following are to be interpreted as guidelines to be applied flexibly by the CPDC and as
appropriate to the situation under review, including factors such as foundation conditions and
other extraordinary constraints. These guidelines apply to all site improvements, buildings and
structures, including structured parking facilities.
4.9.5.5.1. Building Placement:
a. Provide and preserve attractive views from major vantage points, especially from
major thoroughfares and residential neighborhoods.
b. Avoid regular spacing and building placements that will be viewed as
continuous walls from important vantage points, which may be identified
in a PUD Pre-Application Conference.
4.9.5.5.2. Building Massing/Articulation:
a. Avoid unbroken building facades longer than 100 feet.
b. Provide human scale features, especially at street level.
c. Avoid unarticulated and monotonous building facades and window placement.
4.9.5.5.3. Roofline Articulation:
a. Provide a variety of building heights and varied roofline articulation.
b. Provide step backs above the fourth level on buildings within 100 feet of major
streets.
C. In PUDs comprising three or more buildings, and where buildings over six stories
in height are proposed, locate taller buildings away from major streets and
residential uses.
4.9.5.5.4. Building Materials:
a. Use materials and building treatments that reduce the visibility of buildings from
distant vantage points and are compatible with backgrounds and surroundings.
b. Use materials and colors compatible with other quality buildings of similar scale in the
area.
4.9.5.5.5. Landscape Treatment:
a. All open areas within a PUD should be landscaped in an appropriate manner
utilizing both natural and manmade materials such as grass, trees, sluubs, attractive
paving materials and outdoor furniture.
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b. Deciduous trees should be planted along new and existing streets.
C. Plazas, arcades, malls, and similar amenities are encouraged.
d. Outdoor lighting should be considered in the landscaping plan and should be
designed to complement both manmade and natural elements of the PUD and
adjacent areas.
e. Intensive, high quality landscaping should be provided within the PUD where it
. abuts major streets and on internal drives to achieve a boulevard character.
f. Landscape treatment should be emphasized on site boundaries residential districts.
g. Existing vegetation shall be maintained wherever possible to provide buffers and
enhance site development.
4.9.5.5.6. Parking Lots:
a. Parking lots should use landscaping, screening, and terracing to break up large
areas of pavement and to enhance the appearance of such areas to the greatest
extent feasible, but no less than 5% of the total parking lot area.
b. Most parking lot landscaping should have a minimum dimension of five feet.
C. Trees and shrubs should be used to the maximum extent feasible.
4.9.5.5.7. Pedestrian Amenities:
a. Emphasize pedestrian amenities such as covered walkways, landscaped open
space, drop-off areas, and recreation facilities such as pedestrian and/or jogging
paths along on-site watercourses or which follow a PUD parcel boundary.
b. Tree lined or otherwise appropriately landscaped pedestrian walkways should link
together areas designated as open space within the boundaries of a site and
wherever possible with designated open space throughout a PUD Overlay District.
4.9.5.5.8. Utilities:
a. To the extent feasible, all utilities should be located underground.
4.9.5.6. Si na e:
4.9.5.6.1. CPDC will review all allowed signage pursuant to the requirements of Section
4.9.5.6.4. and the following general criteria:
a. Signage shall minimally meet the purpose of facilitating public and private
convenience and necessity; providing direction and facilitate proper traffic flow;
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alleviating congestion on public streets; providing sufficient access to private
I lands and businesses; minimizing curb cuts to public streets; or encouraging
utilization of fewer (or a single) curb cuts by more than one user.
b. Sign scale is appropriate in relation to development scale, viewer distance and
travel speed, and sign sizes on nearby structures.
C. Sign materials, colors, lettering style and forms are compatible with building
design and use.
d. Sign content does not overcrowd the background.
e. Sign legibility is not impaired by excessive complexity, multiple lettering styles or
colors or other distracting elements.
f. In cases where access to a public street is pursuant to Massachusetts State Curb
Cut, the Massachusetts Highway Department shall be consulted.
4.9.5.6.2. CPDC will review all allowed signage pursuant to the requirements of Section
4.9.5.6.4. and shall use the following additional criteria to determine (unless otherwise provided
for in this Section 4.9.5.6.) the number, sizes/dimensions, and locations of all signs on the lot:
a. The relationship between the size of a building facade(s) with the size of the sign
for that building;
b. The relationship between the number of tenants with the size of the sign;
C. The relationship between the size of a sign and the distance between the
stricture;
d. The relationship of the location of entrance points to the lot from existing
roadways, the parking areas, and the internal circulation design to the location and
size of signs;
e. The relationship of the topography of the lot and existing vegetation on or off the
lot as it relates to the siting and visibility of a sign from the adjacent roadways;
f. The relationship of the topography of the lot to the siting and visibility of a sign
from adjacent residential uses;
g. Site distance calculations and motor vehicle traffic and speeds;
h. The utility of the sign as it relates specifically to the purposes stated in Section
4.9.5.6.1.a. above.
1
4.9.5.6.3. Overall Signage Requirements:
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a. Signage shall be so designed, located, and sized to meet the minimal requirement
of clear direction to the site and tluough the site.
b. No sign, portion of a sign, or structural support for such sign should extend above
the lowest point of the main roofline of a building the sign serves in identifying,
unless otherwise approved by the CPDC.
Any lighting of a sign shall be constant (non-blinking), stationary and installed in a
maiuier that will prevent light from falling on any street or adjacent property.
Lighting shall be directed solely at the sign, or be internal to the sign. All internally
illuminated signs shall have an opaque background or signboard such that
illumination shows through only the lettering and/or graphics.
d. No sign shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m. except
signs for businesses open during those hours.
Signs shall not be designed, colored, or placed to create a hazardous condition for
motor vehicle traffic.
f. No animated, moving, or flashing signs shall be permitted on the building or in the
building so as to be seen from the outside, on the lot or the adjacent lot. Traditional
holiday decorations and lights, when in season, are allowed.
g. Temporary real estate signs advertising rental, lease, or sale of the property or part
thereof, shall be allowed for each use for up to ninety (90) days by application to
the Building Inspector. Such signs shall be set back a minimum of ten (10) feet
from the street line, shall be unlighted and shall not exceed sixteen (16) square feet
in area. Renewals of temporary real estate signs shall be allowed by application to
the Building Inspector. One such real estate sign per lot, not to exceed thirty-two
(32) square feet in area and twelve (12) feet in height shall be allowed, upon
application to the Building Inspector, for a period motto exceed the date of the end
of the PUD decision appeal period to the date of occupancy of the first phase of the
approved PUD development.
h. No window signs or any other interior signage that is visible from the outside is
allowed.
Repair and Maintenance - The Building Inspector is authorized to order the repair
or removal of any sign and its supporting stricture that, in the judgment of the
Building Inspector, is dangerous, or in disrepair, or which is erected or maintained
contrary to this By-Law. Such repair or removal shall be the responsibility of the
building owner, and must be completed within thirty (30) days of notification by
the Building Inspector. Appeals from the Building Inspector's order shall be to the
Zoning Board of Appeals.
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J. Within one hundred and twenty (120) days of the closing of a business, all wording
on any sign referencing that business must be painted over or obliterated by the
applicant for the PUD special permit and/or the building owner.
k. Signs prohibited in Sections 6.2.2.4.a., b. and d. are prohibited in a PUD. Signs
exempted in Sections 6.2.2.5.a., f. and j. are exempted in a PUD.
4.9.5.6.4. Allowed Sims in the PUD-I:
a. Freestanding identification ground signs.
(1) Identification signs may be placed as a ground sign between the
street and the building.
(2) If the lot faces on two (2) or more streets/highway, and/or if the
lot has more than one entrance from a right of way, one (1) sign
serving each street/highway shall be allowed, and one (1) sign
per entrance shall be allowed, up to a maximum of three (3) free-
standing signs per lot.
b. Directional signs, building markers.
Such signs shall not exceed four (4) square feet in area, shall not be more than
four (4) feet high if placed on the ground, and shall not extend above the roofline,
if upon a wall. No advertisement is allowed on this type of signage.
C. One wall sign per building or tenant is allowed.
For tenants or buildings facing more than one street/highway, one additional sign
for that tenant is allowed facing such street/highway.
d. For each building within a PUD-I district, signs located at the entry door of
specific tenants in a multi-tenant building.
Signs allowed in Sections 6.2.3.2.1., lc. and I. are allowed in a PUD-I.
4.9.5.6.5. Notwithstanding anything in this PUD By-Law to the contrary,
signage in a PUD-R shall be subject to the following additional limitations: (a) The
residential portion of a PUD-R may only have low identification signage of a size
and design as is approved by the CPDC, directional signage and such signage as
is allowed in the underlying residential district; (b) Commercial signage must be
located within 300 feet of a Town boundary and shall only face an interstate
highway.
4.9.5.7. Special Requirements for Biotechnology Uses:
The following provisions shall apply to any establishment involving the use of biotechnology:
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a. Biotechnolowy Exclusion: Any RDNA technology use requiring BL4 level of
containment or higher, as classified by guidelines or regulations promulgated by
the National Institutes of Health (NIH) of the United States Department of Health
and Human Services, including those contained in 46 F.R. 34463-34487 on July
1, 1981 as may be amended and 45 F.R. 24968-24971 on April 11, 1980, as may be
amended, shall be prohibited.
b. Safety Requirements: Any use of RDNA technology shall require compliance with
the administrative safety requirements of Section IV-D of the "Guidelines for
Research Involving Recombinant DNA Molecules" (46 F.R. 34463-34487)
promulgated by the National Institutes of Health on July 1, 1981, as may be
amended, including but not limited to the following:
(1) Establishment of an Institutional Biosafety Committee (IBC),
(2) Development of safety plans and manuals,
(3) Appointment of a Biological Safety Officer.
C. Permits and Inspections: Any use of RDNA technology within a Zoning Overlay
District shall require a Special Permit issued by the Reading Board of Health. Such
permit shall be issued upon certification by the IBC that the facility is in
compliance with this PUD By-Law and NIH guidelines.
The Board of Health shall conduct annual inspections to ensure compliance. The
IBC shall renew certification annually.
d. Enviromnenntal Surveillance Program: The IBC shall establish medical and
environmental surveillance programs in accordance with NIH guidelines and
submit such programs to the Board of Health for approval. Such surveillance
programs shall ensure compliance with all applicable State and Federal Codes and
regulations, and all test results shall be submitted to the Board of Health on a
periodic basis. Emergency preparedness training and any associated additional cost
for the Department of Human Services, Fire Department, Police Department, and
Department of Public Works shall be conducted by facility safety personnel and
paid for by the occupant to train Town personnel for emergency response. Such
training shall be paid for by the developer or facility.
4.9.6. Use and Dimensional Requirements as to PUD-R:
The following paragraphs shall serve as the basic Use and Dimension Requirements to which all
PUD-R projects shall adhere within each PUD-R overlay district and shall be used by the
Community Planning and Development Commission to evaluate any proposed project.
4.9.6.1. Parcel Size and Eligibility
The minimum size of a PUD-R development parcel shall be 10 acres.
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A development parcel may consist of land in more than one ownership, provided that all land
comprising the parcel lies entirely within the PUD-R overlay district and is contiguous. Lots
separated by a minor street as defined in Section 4.9.2.1. or right-of-way or private way may be
considered contiguous for this purpose.
Proposed developments may include pre-existing buildings provided that all PUD requirements
are satisfied by each new or existing building and for the PUD as a whole. More than one
principal building may be located on a lot, Section 5.2.8. notwithstanding.
4.9.6.2. Pennitted Uses in PUD-R:
Planned Unit Developments in an underlying residential district may contain two or more of the
following uses subject to the findings of'the CPDC as to net benefit and adverse impacts of the
proposed PUD:
a. Residential uses, including one family dwellings, two-family dwellings,
townhouses and apartments
b. Any or all of the uses allowed in a PUD-I in paragraphs (a), (b), (c), (f) and (h) of
Section 4.9.4.2., housing for the elderly, day care facility, elder care facility,
nursing home, medical clinic and ancillary offices and facilities, but only if such
uses are located within 300 feet of a Town boundary.
C. Retail, consumer service, restaurant (with no drive-thru service), and place of
assembly, but only if such use is located within 300 feet of a Town boundary and
is specifically found by the CPDC to be ancillary to or supportive of a permitted
use proposed in the PUD-R development.
d. Open space - Areas used for open space, yards, buffer areas, private ways,
walkways, driveways, parking, recreation areas and areas classified as resource
areas in MGL, Chapter 131, Section 40, as amended, and in the Reading Wetlands
By-Law; such open spaces as may be included in determining open space
requirements pursuant to Section 4.9.6.4.2.e.
C. Recreational Uses.
f. Public and Quasi-Public Uses as set forth in Section 4.2.2.
g. All other uses are excluded from a Planned Unit Development in a PUD-R.
Adult Uses are expressly prohibited in a PUD-R District.
h. To encourage and promote the establishment of those uses permitted in Section
4.9.6.2.(b) within portions of a PUD-R district that are within 300 feet of a Town
boundary, no two-family dwellings, or multifamily dwellings shall be built
- pursuant to a PUD-R Special Permit on land that is within 300 feet of a Town
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boundary for a period of seven years after the adoption of the Zoning By-Law
placing such land within the PUD-R overlay district.
In recognition of increased density and economic benefits to the applicant pursuant to a PUD-R
Plan, the CPDC may consider and condition the number and interior layout of bedrooms in each
residential unit that are being proposed by the developer in evaluating the criteria pursuant to
Section 4.9.5. of this By-Law.
4.9.6.3. Intensity of Use in PUD-R:
4.9.6.3.1. Residential:
The basic permitted intensity of the residential use in a PUD-R development shall not average
more than six (6) units to the acre for the portions of a PUD-R development that are more than
300 feet from a municipal boundary.
If developed residentially, as per Section 4.9.6.2.h., the basic penmitted intensity of residential use
in a PUD-R development shall not average more than eleven (11) units to the acre for the portions
of a PUD-R development that lies within 300 feet of a Town boundary.
4.9.6.3.2. Uses as described in Section 4.9.6.2. b, c and f, respectively
The basic permitted intensity of commercial use in a PUD-R development, expressed as the Floor
Area Ratio, is 0.55. In order to assist in making this calculation, plans submitted for a PUD-R
Special Permit that contain a such use shall show what portion and area of the development parcel
will be put to such use. Land under dwellings, residential court yards, residential driveways, non-
structured parking areas that serve only residential uses and roadways that serve only residential
uses shall not be counted as part of the development parcel in calculating the FAR.
Areas which have been counted to satisfy the intensity limit for residential use may not be
counted also to satisfy the intensity limit for commercial use and areas which have been counted
to satisfy the intensity limit for commercial use may not be counted also to satisfy the intensity
limit for residential use.
4.9.6.4. Dimensional Requirements:
Each PUD-R development shall be governed by the dimensional requirements of this section.
These requirements apply only to the subject parcel as a whole, not to individual lots created
within the PUD-R.
4.9.6.4.1. Height: The maximum building height within a PUD-R shall be as
follows:
a. The maximum building height as to a dwelling shall be 30 feet except that a
dwelling that is more than 5.0 feet from the PUD-R parcel boundary may be
35 feet in height and a dwelling that is at least 150 feet from dwellings that -
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are outside of a PUD and in existence at the time of Preliminary PUD Plan
submission, may have a maximum height of 40 feet, excepting that a dwelling that
is within 300 feet of the Town boundary may have a maximum height of 70 feet.
b. The maximum height of a commercial building shall be 72 feet.
Height shall be measured in the manner defined in Section 2.0. of this By-Law.
4.9.6.4.2. Setbacks and Buffers in a PUD-R:
a. The extent of buffering and setbacks shall in every case be based upon the
following criteria as reviewed by the CPDC:
Existing topography
Existing vegetation
Existing and Proposed Structures within and outside the PUD-R district
b. Non-residential Setbacks: All non-residential buildings shall be located at least
50 feet from the boundary of the PUD parcel, excepting a boundary which is also
the Town boundary. Non-residential buildings (except structured parking) shall not
be located less than 150 feet from dwellings outside of a PUD and in existence at
the time of Preliminary PUD Plan submission without the written consent of the
owner- of such dwellings and shall not be less than 50 feet from dwellings in the
PUD parcel. There shall be a landscaped and/or naturally vegetated buffer at least
50 feet wide where a non-residential area of a PUD-R parcel abuts residential
properties outside the PUD-R district.
C. Shadow Impact: Between 9:00 a.m. and 3:00 p.m. (EST) from February 21 to
October 21, no building may cast a shadow on any dwelling outside of the PUD-R
parcel and in existence at the time of Preliminary PUD Plan submission.
d. Residential Setbacks: All dwellings within a PUD-R shall be at least 20 feet
from the PUD-R parcel boundary, which 20 foot strip shall be landscaped and/or
naturally vegetated, except that a dwelling that is between 30 and 35 feet in height
must be at least 40 feet from the PUD-R parcel boundary (excluding a parcel
boundary that is also a Town boundary) and a dwelling that is over 35 feet in
height must be at least 50 feet from the PUD-R parcel boundary (excluding a
parcel boundary that is also a Town boundary). Natural vegetation shall be
preserved in the minimum setback area.along the PUD-R parcel boundaries that
abut property used for residential purposes as reviewed and determined by CPDC.
Buildings within the PUD-R which contain residential units shall be no closer than
15 feet to each other.
Open Space: A PUD-R shall set aside at least 25% of its total parcel area as
required open space. Required Open Space may include wetlands and water
bodies; vegetated/landscaped area, including buffers; pedestrian paths, sidewalks,
and covered walkways; public plazas and hard surfaced recreation areas. Required
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Open Space shall have a minimum dimension of 20 feet (which may include the
dimension across a water body) and shall be open to occupants within the PUD-R;
access by the general public is desirable.
f. Recreation Space: A PUD-R that includes land within three hundred feet (300') of
the Town boundary must provide at least 15% of land within three hundred feet
(300') of the municipal boundary for recreational uses, such uses being subject to
approval of the CPDC.
4.9.6.5. Private Ways:
Private ways shall be allowed in a PUD-R development, provided that:
a. Site circulation shall meet accepted standards in the judgement of the Town
Engineer for private automobiles, service vehicles and emergency vehicles.
b. Private way pavement widths shall not be less than twenty four (24) feet. The
construction standards for such private ways shall provide sufficient base and
surface strength in the judgment of the Town Engineer to support normal vehicular
usage, including but not limited to emergency vehicles and delivery trucks, and
plowing. The allowable private way grades shall be between 1% and 10% and
private ways shall have a minimum centerline radius of 75 feet. Private ways
ending in a dead-end shall have a cul de sac with a minimum curve radius of forty-
five feet.
C. A private way in a PUD-R must have adequate, alternative vehicle connectors to
other private ways or roadways to provide alternative access for emergency
vehicles. Such emergency access connectors may be gated in a manner
satisfactory to the CPDC to avoid non-emergency use, but may cross any existing
zoning district.
d. Drainage and surface runoff are suitably accommodated.
e. Ways shall be continuous and, where possible, in alignment with existing ways.
All proposed ways shall compose a convenient system with adequate connections
to ensure frill movement of vehicular travel.
f. If adjoining property is not subdivided, consideration shall be given to the
possibility of future comnections. In any case where developable land, whether
publicly or privately owned, adjoins the subject property, proposed ways and/or
easements shall continue to the exterior boundary of the PUD-R site plan unless
otherwise approved by the CPDC.
PUD-R plans shall specify that such private ways are not to be dedicated to the Town but are to
remain private ways; and all deeds conveying any portion of land or a structure in a PUD-R
development containing private ways shall specify that such private ways shall always remain
private ways.
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Driveways which provide access only to one residential building that contains 15 or fewer units or
driveways that provide access only to a residential parking area do not need to meet the private
way requirements, but such driveways shall be of a sufficient layout to provide safe and adequate
access, in the judgment of the CPDC as advised by the Town Engineer.
4.9.6.6. Owners' Association:
In order to ensure that private ways, common open spaces and common facilities within a PUD-R
development will be properly maintained, each PUD-R development shall have one or more
Owners' Associations, which shall be an entity established in accordance with appropriate State
law, and shall establish related covenants by suitable legal instruments recorded at the Middlesex
South Registry of Deeds or Registry District of the Land Court. As part of the Final PUD-R Plan
submission, the Developer shall supply to the CPDC copies of such proposed instruments for
review and approval prior to the issuance of an occupancy permit.
In cases where the PUD-R Plan proposes private ways, said legal instruments pertaining to the
Owners' Association shall specify that the Owners' Association shall be solely responsible for
private way maintenance, snow plowing, trash removal, and improvements, for all costs
associated with the operation and maintenance of street lighting, and for reimbursement to the
Town of all costs incurred by the Town relative to such private ways. In cases where the PUD-R
Plan shows private utilities, said legal instruments shall specify that the Owners' Association shall
be solely responsible for the operation and maintenance of said utilities. Such instruments shall
provide for the periodic payment by owners within the PUD-R development of adequate amounts
to maintain the private ways, private utilities, and open space and drainage system and set forth
enforcement rights for collection of said periodic payment.
4.9.6.7. Landscaping Requirements in PUD-R:
Notwithstanding any and all other requirements in Section 4.9., the following management of
existing vegetation shall occur- for PUD-R applications:
a. Prior to any cutting of vegetation and grading of the PUD-R, the developer and
representative(s) of the Town of Reading delegated by CPDC, including any
member of CPDC, the Town Plamzer, and/or the Tree Warden, shall meet on the
site to review which existing site trees shall be saved. Before this meeting, the
developer shall have staked the corners and property lines of the PUD-R project
and the corners of all proposed structures' locations, and the developer shall have
clearly marked with red flagging each tree or group of trees the developer
proposes to save.
At this meeting, said CPDC representative(s) shall approve or amend on site such
marked trees and any others they shall deem appropriate to be saved, which shall
immediately be similarly marked by the developer. Should the developer object
j or take issue with any detennination of the CPDC representative(s), the developer
may appeal such detennination to the full CPDC.
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b. Prior to the commencement of any site grading, the developer shall erect around
all such marked trees barriers for shielding around the trunks of such trees; these
barriers shall be located no closer than six (6) feet from the trundc of each such tree
or one-half (1/2) the distance from the trunk to the drip line of each such tree,
whichever is greater. Also prior to the commencement of any site grading, the
developer shall prepare a Record Plan showing the approximate location, size and
type of all such groups of marked trees to be saved and submit such Plan to the
Tree Warden for verification. Any modification to the Record Plan may be made
with the agreement of the above parties.
C. The Town Planner shall not approve a building permit for any construction and the
Building Inspector shall not issue a building permit for any structure within the PUD-R
until certification is received from the Tree Warden that these conditions have been
complied with.
4.9.6.8. Stormwater Drainage:
All PUD applications shall provide proof of compliance with the Department of Enviromnental
Protection Stormwater Regulations.
4.9.6.9. Pedestrian Access:
All PUD applications shall contain safe and convenient pedestrian access throughout the project
site and connecting to adjacent roadways and/or parcels.
4.9.6.10. Affordable Housing:
The intent of this section is to increase the supply of housing in the Town of Reading that is
available to and affordable by low and moderate income households and to encourage a greater
diversity of housing accommodations to meet the needs of the Town, and to develop and maintain
a satisfactory proportion of the Town's housing stock as affordable housing.
Any PUD-R development shall provide within the Town of Reading, affordable housing units
equal to ten percent of the total residential units in the PUD-R. For property within 300' of the
municipal boundary if developed residentially, requisite affordable units shall be equal to fifteen
percent of the total residential units in this area. When the percentage calculation does not result
in a whole number, it shall be rounded to the nearest whole number.
The following standards shall apply to assure the maximum public benefit from
such affordable housing:
a. Restriction: The developer shall provide an adequate guarantee, acceptable to the
CPDC, to ensure the continued availability of the affordable units in perpetuity;
such guarantee may include deed restrictions, recorded deed covenants relative to
equity limitation, or other acceptable forms.
b. Marketing/Selection: The marketing and household selection process as to the
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affordable units shall be conducted in collaboration with the Town or its designee.
C. Local Preference: To the extent to do so would not cause the affordable units not
to be qualified as affordable housing pursuant to guidelines established by the
Massachusetts Department of Housing and Community Development and to the
extent allowed by law, preference as to affordable units shall be given initially to
current Reading residents, employees of the Town of Reading, or those
prospective buyers who were formerly Reading residents for ten (10) years or
more. The Town shall establish an equitable procedure to implement this
preference.
d. Appearance: On site affordable housing units shall have a minimum gross
floor area of one thousand (1,000) square feet and an exterior appearance
designed to be substantially indistinguishable from market-rate units.
d. Minimize Fees: If the affordable units are being sold as condominium units, in
order to minimize the monthly condominium fees to be paid by those affordable
units, the value assigned to such units and the percentage of interest in the
cominon areas allocated to those affordable units shall recognize the affordable
restrictions imposed on such affordable units, to the maximum extent allowed by
MGL Chapter 183A and other applicable law.
f. Developing Units: No more than twenty-five percent (25%) of the building
pen-nits for the market rate residential units shall be issued for any PUD-R
development until construction has commenced on one-sixth of the affordable
units. No more than fifty percent (50%) of the occupancy permits for the market
rate residential units shall be issued for any PUD-R development until occupancy
permits are issued for one-third of the affordable. No more than eighty five
percent (85%) of the occupancy pen-nits for the market rate residential units shall
be issued until occupancy permits have been issued for two thirds (2/3) of the
affordable units. The CPDC may require financial assurances in an amount as
determined by CPDC from the applicant for the remaining one third (1/3) of
affordable units required to be provided.
g. Off-Site Units: Up to 50% of the required affordable units may be located off-site
from the PUD-R location within the Town of Reading. In order to use this option,
the size and types of units, unit location, and density of said units shall be
approved by the CPDC as part of their approval for the related PUD-R Special
Pen-nit.
As a premium for the Developer being able to place affordable units' off site, for every
three affordable u1l1ts the developer elects to place off-site, the Developer must provide an
additional bonus affordable unit, which additional bonus unit does not count towards the ten
- percent of affordable units the Developer is required to provide. The placing of bonus affordable
units off site does not result in a requirement of additional bonus units.
Amend Section 4.2.2 Table of Uses only as follows:
-34- Special Town Meeting
October 7, 2002
Principal Uses RES RES RES BUS BUS BUS IND
Residential Uses
PUD-R SPP* No No No No No No
Business and Service Uses
Remove line dedicated to "Planned Unit Development and insert the following:
PUD-I No No No No No No SPP*
On motion by Frederick Van Magness, Precinct 8, it was voted to amend Article 4, Section
4.9.5.7.d by inserting ",including, but not limited to special biohazard or chemical emergency
detection devices, emergency rescue protective suits and ancillary equipment," after the words
"any associated additional costs" and inserting the words "and equip" after the words "occupant
to train" and inserting the words "and equipment" after the words "Such training".
Motion carried.
2/3 vote required
137 voted in the affin-native
4 voted in the negative
ARTICLE 5 - On motion by Jonathan E. Barnes, Chairman of the CPDC, it was voted to amend
the Town of Reading Zoning Map as follows:
♦ Remove all designated areas in the Industrial Zone denoted as PUD and
Replace same areas as PUD-I.
♦ Designate the following Assessors Map and Lot numbers as PUD-R:
Assessors Map 96, Lot 13;
Assessors Map 80, Lot 30;
Assessors Map 58, Lots 4, 6, 7, 8, &10
2/3 vote required
131 voted in the affirmative
4 voted in the negative
ARTICLE 6 - On emotion by Richard W. Schubert, Precinct 7, it was voted to amend -the votes
taken under Article 7 of the Warrant of the Annual Town Meeting of April 22, 2002, relating to
the Fiscal Year 2003 Municipal Budget as follows:
Line
Acc't
Description
N
Cumulative
Comment
B5
065
Planning - Salaries
$5,000
-$5,000
"turnover" of position
and Wages
D6
041
Law Division -
$25,000
$20,000
Settlement of
Expenses
litigation
- 35 - Special Town Meeting
October 7, 2002
J
Northeast Regional
Voc. Assessment
46,341
$13,659
Lower assessment
than anticipated
K1
710
Debt Service
$154,204
$167,863
Increase in expense,
offset by increase in
tax revenue, due to
debt exclusion for
RMHS schematics
L4
817
Group Health and
Increase the use of
Life Insurance
Free Cash by
$181,192 to $742,022
And that the Town vote to transfer from Free Cash an additional $181,192 for a total transfer
from Free Cash of $742,192, and appropriate as the result of any such amended votes for the
operation of the Town and its government.
ARTICLE 7 - On motion by Gail F. Wood, Precinct 8, it was voted to authorize the Board of
Selectmen to file a Home Rule Petition with the General Court of the Commonwealth of
Massachusetts addressing issues related to the terms and circumstances of retired Reading Police
Officers working police details in the Town of Reading.
Chief Silva gave the following overview:
ARTICLE 7-HOME RULE PETITION RETIRED READING POLICE OFFICERS
WORKING DETAILS
Both Police Unions have contracts that allow Reading Police retirees to work extra paid details.
The contract provides that the retired police officer must have retired on a non-disability
retirement, after at least 20 years of service and must not be beyond the maximum retirement age
of 65. The Chief of Police shall determine the training, equipment, uniform and fitness for duty of
a retired police officer. The Town Manager is the appointing authority.
The Police Department is not always able to fill extra paid details with Reading Police Officers.
We often depend on police officers from other police departments to work the details. The Town
is best served by hiring retired Reading Police Officers to work our town details, because the
Police Chief would have more control over their level of training and retired Reading Police
Officers are more familiar with the Town and it's people. It is also a benefit for those officers who
have served our community for so many years.
Article 7 will allow the Board of Selectmen to petition the legislature so that retired Reading
Police Officers will be appointed as special police officers while working details. This act will
protect both the Town and the officer.
The'town of Stoneham successfully petitioned the legislature to allow their retired police officers
to work details in their town. The act was passed and became effective in June 2002.
-36- Special Town Meeting
October 7, 2002
I urge Town Meeting to approve Article 7.
Counted vote requested
145 voted in the affirmative
l voted in the negative
On motion by Camille W. Anthony, Chainnan of the Board of Selectmen, it was voted that this
Special Town Meeting stand adjourned sine die.
Meeting adjourned at 9:50 p.m.
156 Town Meeting Members were present.
y
A true copy. Attest: Chery . Johns
Town lerk
-37- Special Town Meeting
October 7, 2002