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HomeMy WebLinkAbout2000-04-27 Special Town Meeting MinutesCOMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on April 6, 2000 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 Arthur W. Coolidge, Middle School, 89 Birch Meadow Drive The date of posting being not less than fourteen (14) days prior to April 27, 2000, 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 April 10, 2000. Daniel W. Halloran, Constable A true co y. Attest. heryl A. hnson, To n Clerk 1 SPECIAL TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, on Thursday, April 27, 2000 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 2000-FY 2009 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 the Reading Zoning By- Laws as follows, or take any other action with respect thereto: a) Amend Section 4.9.4.2. Permitted Uses: as follows: Delete the phrase "Full-Service" from subsection c. 2. Insert the phrase "which don't comply with subsection g. hereof " after the phrase "Residential uses" in subsection f. 3. Re-alphabetize current subsection g. to subsection i. 2 4. Add the following as subsection g.: "g. Apartments, provided the following conditions are met: i. at least one property line of the PUD abuts an existing Residential District; ii. not more than fifty percent (50%) of the land area of the PUD is apartment or other residential use (including parking, accessory uses and amenities); iii. the PUD contains at least thirty (30) acres; iv. at least ten percent (10%) of the units are restricted to low or moderate income or elderly housing in perpetuity in a manner acceptable to the Reading Housing Authority; and all such units shall be similar to market rate units as to size, build-out and amenities; and v. all structures containing such units shall be set back a minimum of thirty (30) feet from the boundary of a Residential District;" 5. Add the phrase "Computer Services;" as subsection h. b) Amend the first sentence of the second paragraph of Section 4.9.4.6.2. of the Zoning By-Laws by adding at the end thereof the phrase "except for those buildings which comply with Section 4.9.4.2.g. hereof', so that said sentence shall read as follows: "All residential buildings within a PUD shall be at least 30 feet from the parcel boundary but no further than 200 feet from a Residential District except for those buildings which comply with Section 4.9.4.2.g. hereof." Community Planning and Development Commission ARTICLE 5 To see if the Town will vote to amend the Reading Zoning By- Laws as follows, or take any other action with respect thereto: a) Amend Section 5.1.2. Table of Dimensional Controls by adding the footnote "*Except as provided in Section 5.2.5.3." after the number "60" in the rows entitled "Hotel or Motel - In Ind Districts" and "Other Permitted Principal Use - In Ind Districts" in the column entitled "Maximum Building Height". b) Amend Section 5.2.5. Height: of the Zoning By-Laws by adding the following as Section 5.2.5.3.: "5.2.5.3. In the Industrial District, a hotel or motel or other permitted principal building may have a maximum height of eighty four (84) feet if the following conditions are met: a. Between the hours of 9:00 AM and 3:00 PM (EST) from February 21 to October 21, no building shall cast a shadow on any residential structure in existence at the time of the building permit application; b. Along major streets, as defined in Section 4.9.2.1., such buildings shall be set back the greater of seventy-five (75) feet or the height of the building, and a landscaped and/or naturally vegetated buffer at least fifty (50) feet wide shall be provided along such major streets, except where there are curb cuts; and c. The building is located on a lot of at least twenty-five (25) acres." Community Planning and Development Commission ARTICLE 6 To see if the Town will vote to amend the Reading Zoning By- Laws as follows, or take any other action with respect thereto: a) Amend Section 5.1.2. Table of Dimensional Controls of the Zoning By-Laws, under use categories "Hotel or Motel" and "Other Permitted Uses" in the rows entitled "in Bus-C Districts by deleting the numbers "50", "20" and "85" in the columns respectively entitled "Front feet", "Rear feet", and "Maximum Building Height" and substituting therefor the numbers 10, 10 and 55* and adding the following described * footnote, so that those portions of the Table of Dimensional Controls will read as follows: Area Sq. Feet Frontage feet Front feet Side feet Rear feet Coverage % of lot Maximum Building Height feet N.A. N.A. 10 10 10 60 55* Fifty-five (55) feet, except ninety-five (95) feet if the structure is located within four hundred (400) feet of the property line adjacent to Route 128, including ramps, and south of Jacob Way and excluding areas within two hundred (200) feet of the residential zoning district to the west, all as more specifically shown on a plan entitled: "Plan Showing Height Limitation and Setback Areas, Business C District in Reading, Mass.", dated March 27, 2000, Scale 1" = 60', by Hayes Engineering, Inc., on file with the Reading Town Clerk. b) Amend Section 5.3.1 Transitional Areas of the Zoning By-Laws by deleting the text and substituting therefor the following text: "Buildings in Business A, Business B and Industrial Districts located in the same block as, and within one hundred fifty (150) feet of a Residence District, and buildings in a Business C District within one hundred (100) feet of a Residence District shall be subject to the following additional requirements;" c) Amend Section 5.3.1.1. Table of Additional Dimensional Controls for Transitional Areas of the Zoning By-Laws by deleting the rows entitled "Business C - Adjoining", "Business C - within 100 feet", and "Business C - within 150 feet". d) Amend Section 5.3.1.3. of the Zoning By-Laws by deleting in the first sentence thereof the phrase "a Business C or" and substituting therefor the word "an", by deleting in subsection a. the phrase "Residential/Business C" and substituting therefor the word "Residential", by deleting in subsection a. the phrase "Business 4 C and/or" and by deleting in subsection b. the phrase "Business C and/or', so that Section 5.3.1.3. shall read as follows: "5.3.1.3. As part of all new construction of any building, parking lot, structure, or any extension or addition thereto in an Industrial District and where such construction abuts within one hundred twenty-five (125) feet of any Residential District, a buffer strip is to be established subject to the following requirements: a. Said buffer strip shall have a twelve (12) foot minimum depth and contain a curb to prevent parking within the strip, a six (6) foot high fence which shall be located a maximum of two (2) feet from the abutting Residential and/or industrial lot line and contain an evergreen hedge on the Industrial side of the fence which is to be at least three (3) feet in height at the time of planting and will provide a year-round dense visual screen and attain a height of at least seven (7) feet within five years of planting. b. Said buffer strip shall be constructed along the full abutting length of any Residential District lots so affected and lie entirely within the Industrial District." e) Amend Section 5.3.1 of the Zoning By-Laws by adding the following as Section 5.3.1.4.: "5.3.1.4. All new construction of any building, parking lot, structure, or any extension or addition thereto in the Business C District shall be subject to the following requirements: a. No building shall be located within one hundred (100) feet of a Residence District. b. There shall be a landscaped buffer strip of a minimum width of twenty-five (25) feet along the full abutting length of a Residence District. Said buffer shall be a densely planted staggered double row of a 70/30 mixture of evergreen/deciduous trees. Plant material shall be such that a minimum of seven (7) feet in height is reached within the first five (5) years of planting. Plant material shall be maintained in a healthy condition or replaced to attain previously noted height. Buffer edge shall be planted a minimum of two (2) feet off of the property line abutting residential property. c. No parking area shall be located within twenty-five (25) feet of the Residence District, and no parking area or building shall be allowed in Restricted Area "A" as shown on the plan entitled: "Plan Showing Height Limitation and Setback Areas, Business C District in Reading, Mass.", dated March 27, 2000, Scale 1" = 60', by Hayes Engineering, Inc., on file with the Reading Town Clerk.". 5 f) Amend Section 5.2.8.1. of the Zoning By-Laws by inserting the phrase "and Business C" after the phrase "Apartment 80" so that Section 5.2.8.1. shall read as follows: "5.2.8.1. In any district other than Apartment 80 and Business C, not more than one principal building shall be erected on a lot." g) Amend Section 6.1.1.2. of the Zoning By-Laws by adding at the end thereof provided, however, that in a Business C District, off-street parking areas or loading and unloading areas may be provided on or off the same lot as the use they serve so long as they are located within the Business C District and provided such parking and loading rights are evidenced by legally sufficient instruments approved as to form by Town Counsel and filed with the Town Clerk.", so that Section 6.1.1.2. shall read as follows: "6.1.1.2. Off-street parking areas, or loading and unloading areas shall be provided on the same lot as the use they serve, except that the Board of Appeals may permit off-street parking areas to be provided on another lot, but in no event shall such areas be more than three hundred (300) feet distance from the use they serve; provided, however, that in a Business C District, off-street parking areas or loading and unloading areas may be provided on or off the same lot as the use they serve so long as they are located within the Business C District and provided such parking and loading rights are evidenced by legally sufficient instruments approved as to form by Town Counsel and filed with the Town Clerk." h) Amend Section 6.1.2.2. of the Zoning By-Laws by deleting the phrase "twenty (20)" and substituting therefor the phrase "eighteen (18)" and by inserting after the first sentence the sentence "For off-street parking spaces in enclosed accessory structures, such spaces shall be not less than eight (8) feet, six (6) inches in width, seventeen (17) feet in length, with twenty-six (26) foot aisle widths.", so that said Section 6.1.2.2. shall read as follows: "6.1.2.2. Each required off-street surface parking space shall be not less than nine (9) feet in width and eighteen (18) feet in length, exclusive of drives and maneuvering space. For off-street parking spaces in enclosed accessory structures, such spaces shall be not less than eight (8) feet, six (6) inches in width, seventeen (17) feet in length, with twenty-six (26) foot aisle widths. Each off-street loading and unloading space shall be not less than twelve (12) feet wide and thirty-five (35) feet long." i) Amend Section 6.1.1.3. Table of Off-Street Parking And Loading/Unloading Requirements of the Zoning By-Laws by deleting the text in the rows entitled "Lodging Houses, Hotels, Motels and Tourist Homes", "Industrial and Manufacturing Establishments" and "Office and Professional Building", under the columns entitled "Minimum Number of Off-Street Loading and Unloading Spaces Required" and substituting therefor in each row the following: "One space if 0 - 100,000 square feet of gross floor area; two spaces if 100,001- 150,000 square feet of gross floor area; three spaces if 150,001-300,000 square feet of gross floor area; four spaces if over 300,000 square feet of gross floor 6 area, plus one space for each additional 150,000 square feet of gross floor area over 450,000 square feet of gross floor area." j) Amend Section 6.1.1.3. Table of Off-Street Parking And Loading/Unloading Requirements of the Zoning By-Laws by adding in the row entitled "Restaurant" under the column entitled "Minimum Number of Off-Street Loading and Unloading Spaces Required" the following footnote: No additional spaces shall be required for restaurants located in hotels where the gross floor area of the restaurant has been included in the gross floor area.of the hotel." k) Amend Section 4.2.2. Table of Uses of the Zoning By-Laws as follows: In the column entitled "Bus C": in the row entitled "Public and Quasi-Public Uses - Private Kindergartens" delete "No" and substitute therefor "Yes"; in the row entitled "Industrial Uses - Enclosed Storage" delete "Yes" and substitute therefor "No"; in the row entitled "Recreational Uses - Commercial Amusements" delete "SPS" and substitute therefor "No"; in the row entitled "Accessory Uses - Manufacturing & Industrial" delete "No" and substitute therefor "Yes"; and In the row entitled "Accessory Uses - Consumer Service" delete "No" and substitute therefor "Yes". 1) Amend Section 2.0 Definitions of the Zoning By-Laws by adding the following as Section 2.2.7.2.: "2.2.7.2. Computer Services: The development of computer and related components for purposes of software, hardware and electronic commercial businesses, with assembly and distribution restricted to support said development as an accessory use. m) Amend Section 2.2.16 "Height of A Building" by adding at the end thereof the following: "For buildings with more than one principal front, said vertical distance shall be measured from the average of the established grade or the natural grade, as applicable, measured at the centerline of each principal front." Community Planning and Development Commission 7 ARTICLE 7 To see if the Town will vote to amend the Reading Zoning Map as follows, or take any other action with respect thereto: Rezone from S-15 and S-20 Residence Districts to the Business C District those portions of the land situated off Jacob Way shown on Reading Board of Assessors' Rev. Jan. 1, 1994 Map 4 as Lots 11A and 25 and on Reading Board of Assessors' Rev. Jan. 1, 1982 Map 5 as Lots 2, 5, 13, 16, 17 and 18, and part of Jacob Way, not currently zoned Business C, and, being shown on a plan on file with the Reading Town Clerk entitled: "Plan Showing Areas of Former Addison Wesley Property in the Business C District in Reading, Mass.", dated March 27, 2000, by Hayes Engineering, Inc. Community Planning and Development Commission 8 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 April 27, 2000, 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 4th day of April, 2000. r Sally M~Hoyt, Chai an Matthew J. Nestor, Vice Chairman George . Hines, Secretary Camille W. Anthony GGC~ rru''t Matthew Cummings SELECTMEN OF READING Daniel VV. Halloran, Constable 9 SPECIAL TOWN MEETING Reading Memorial High School April 27, 2000 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:40 p.m., there being a quorum present. The Invocation was given by Anthony L. Rickley, Precinct 2, followed by the Pledge of Allegiance to the Flag. Point of Personal Privilege by Harvey J. Dahl, Precinct 8, responding to comments made on Monday in the form of personal attacks (accusations) on individuals who volunteer as members of boards and committees. ARTICLE 1 - On motion by Sally M. Hoyt, Chairman of the Board of Selectmen, it was moved to table Article 1. ARTICLE 2 - On motion by Sally M. Hoyt, Chairman of the Board of Selectmen, it was moved to table the subject matter of Article 2. ARTICLE 3 - On motion by Sally M. Hoyt, Chairman of the Board of Selectmen, it was moved to table Article 3. ARTICLE 4 - On motion by Jonathan E. Barnes, Chairman of the Community Planning and Development Commission, it was moved that the Town vote to amend the Reading Zoning By- Laws as follows: a) Amend Section 4.9.4.2. Permitted Uses: as follows: 1. Delete the phrase "Full-Service" from subsection c. 2. Insert the phrase "which do not comply with subsection g. hereof " after the phrase "Residential uses " in subsection f. 3. Re-alphabetize current subsection g. to subsection i. 4. Add the following as subsection g.: "g. Apartments, provided the following conditions are met: (1) at least one property line of the PUD abuts an existing Residential District; (2) not more than fifty percent (50%) of the land area of the PUD is apartment or other residential use (including parking, accessory uses and amenities); (3) the PUD contains at least thirty (30) acres; (4) at least ten percent (10%) of the units are restricted to low or moderate income or elderly housing in perpetuity in a manner acceptable to the Reading Housing Authority; and all such units shall be similar to market rate units as to size, build-out and amenities; and (5) all structures containing apartment units shall be set back a minimum of thirty (30) feet from the boundary of a Residential District;" 5. Add the phrase "Computer Services;" as subsection h. b) Amend the first sentence of the second paragraph of Section 4.9.4.6.2. of the Zoning By-Laws by adding at the end thereof the phrase "except for those buildings which comply with Section 4.9.4.2.g. hereof', so that said sentence shall read as follows: "All residential buildings within a PUD shall be at least 30 feet from the parcel boundary but no further than 200 feet from a Residential District except for those buildings which comply with Section 4.9.4.2.8. hereof." ARTICLE 4 - On motion by Robert A. Brown, Precinct 6, it was moved to amend Article 4 by deleting subsection g. Motion did not carry. ARTICLE 4 - On motion by William C. Brown, Precinct 8, it was moved to indefinitely postpone Article 4. Motion did not cane. ARTICLE 4 - On motion by Gerald L. MacDonald, Precinct 3, to move the question. 2/3 vote required 40 voted in the affirmative 103 voted in the negative Motion to move did not carry ARTICLE 4 - On motion by Michael F. Slezak, Precinct 6, it was voted to move the question. 2/3 vote required 135 voted in the affinnative 12 voted in the negative Question moved -2- Special Town Meeting April 27, 2000 ARTICLE 4 - Original Motion: 2/3 vote required 76 voted in the affirmative 75 voted in the negative Original Motion did not carry ARTICLE 4 - On motion by William C. Brown, Precinct 8, it was moved to reconsider the subject matter of Article 4. Motion to reconsider will be the first order of business at the next session of Town Meeting. Point of Personal Privilege by Philip B. Pacino, Precinct 4, to adjourn town meeting. Did not cane. ARTICLE 5 - On motion by Jonathan E. Barnes, Chairman of the Community Planning and Development Commission, it was voted to amend the Reading Zoning By-Laws as follows: a) Amend Section 5.1.2. Table of Dimensional Controls by adding the footnote "*Except as provided in Section 5.2.5.3." after the number "60" in the rows entitled "Hotel or Motel - In Ind Districts" and "Other Permitted Principal Use - In Ind Districts" in the column entitled "Maximum Building Height". b) Amend Section 5.2.5. Height: of the Zoning By-Laws by adding the following as Section 5.2.5.3.: "5.2.5.3. In the Industrial District, a hotel or motel or other permitted principal building may have a maximum height of eighty four (84) feet if the following conditions are met: a. Between the hours of 9:00 AM and 3:00 PM (EST) from February 21 to October 21, no building shall cast a shadow on any residential structure in existence at the time of the building permit application; b. Along major streets, as defined in Section 4.9.2.1., such buildings shall be set back the greater of seventy-five (75) feet or the height of the building, and a landscaped and/or naturally vegetated buffer at least fifty (50) feet wide shall be provided along such major streets, except where there are curb cuts; and c. The building is located on a lot of at least twenty-five (25) acres." 2/3 vote required 131 voted in the affirmative 1 voted in the negative -3- Special Town Meeting April 27, 2000 Motion carried On motion by Gail F. Wood, Precinct 2, it was voted that this Special Town Meeting stand adjourned to meet at 7:30 p.m. at the Reading Memorial High School, on Monday, May 1, 2000. Meeting adjourned at 10:50 p.m. 163 Town Meeting Members were present. A true copy. Attest: Cheryl . Town Clerk -4- Special Town Meeting. April 27, 2000 i Ivey Croncerns from Residents, What.We've Done Schoolchildren analysis of existing. Reading stock,-of apartments ' 0- s . Water/Sewer Use,- Looked at capacity. of system; water:&: sewer concerns; water supply study de- ndIorecast : Value of Developm_ x Resolved issue with developer 9 Resulfs. Water/Sewed ` ;4 , Proposed conservation-program'goal of saving 190,000gpd would offset*tofal water., use of laridfill and Addison Wesley. Sewer upgrades occurring on Walker's Brook'Drive that would h,4* ;:anyway< CDM factored water needs into demand fbrecasf as part,of water:supply study . i. ~ aaaingmore'ehildren - ' intathe system ,x M1i Water/Sewer Use impaefs on,,water supply and wastewater-'capacity: mn Value of Developrnenf Qfiice' Component==Will it be built? When? Results Schoolchildren ' Analysis showed less than 7 children per - 100 unrts in apartments& 9 per-;1,00 units;` " in condos-,:lower= than numbers supplied by..developer ;Analysisdid not discriminate around, , issue of "luxury housing" included all units Wl26200p _`L. • ~i Leveiopment/Uttice` " r fbeVelopmentValue atIBuildout , - Lmcolnr :88 3 million Dickirison 60 9 million ' j =Officesite will be pre permitted Site work will be.,done; pad will~b' prepared Utilities will begun to site Lincoln performing officefmarket study 042FJZ000 3. .5• r - ' COMPARISON OF #1 AND #2 RANKED PROPOSALS READING BUSINESS PARK i =LINN PRO PERTIES DICKINSON Proponent J ICLE 4) ARTICLE 5) Post-Closure Development Use Type Mixed Mixed Use Descriptions: 350 units, 10% of units to be affordable on site to Residential the satisfaction of the None Reading Housing Authority - 380,000 SF Retail None Home Depot -132,071 SF Residence Inn or similar, Staybridge Suites or Hotel 200 or more rooms - similar, 107 rooms - 115,000 SF 63,000 SF Office 150,000 SF plus adequate 120,000 SF plus adequate parking parking Cinema None Showcase Cinema - 66,000 SF Restaurant None Applebee's Restaurant - 6,500 SF Recreation Two fields None Total SF of Project 645,000 387,571 - COMPARISON OF #1 AND #2 RANKED PROPOSALS READING BUSINESS PARK Proponent LINCOLN PROPERTIES (ARTICLE 4) DICKINSON (ARTICLE 5 Tax Sources Use Type Mixed _ Mixed Use Descriptions: Residential Property Tax, Motor None Vehicle Excise Tax Retail None Property Tax Hotel Property Tax, Hotel Property Tax, Hotel Excise Tax Excise Tax Office Property Tax Property Tax Cinema None Property Tax Restaurant None Property Tax Recreation None None Total SF of Project 645,000 387,571 COMPARISON OF #1 AND #2 RANKED PROPOSALS READING BUSINESS PARK LINCOLN PROPERTIES Proponent (ARTICLE 4) DICKINSON (ARTICLE 5) Local Economic Impact Jobs 650 1,000 -1,200 Infrastructure Needs Water Use (GPD) 100,100 36,000 Wastewater (GPD) 91,000 32,734 Average Daily Traffic (VPD) 5,383 10,040 To be identified during due diligence period Estimated at $1 million Offsite Improvements when traffic study is provided scope not greater conducted, developer will than what is contained in fund all necessary off site Dickinson proposal improvements Estimated Completion Date 12/2002 10/2002 0 I-- !9 t0 O CIA r LL Q O U. 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O N ® O U = (U L a) o O O O V Y N N +0.+ •V > U c) U-) 0 03 (L JNMOI-° ®f-~ `ALL=O C) -J Community Planning and Development Commission a~~ 1 Mixed-use development office - hotel - residential Permitted under Planned Unit Development special permit by (PDC Ura oe perm& d by w+dcr erMlna inn8~s Ota6=0 Current Zoning Uses ; <.<:.'' < < Ind <:>:<::<:>::>>< . . . . . iRps3ae'tiinI:LiseKi:i iY ~:.aszviElifrisODt::'•<i '•No:~?:i%'•:'•i<:>i:'::`3`'F 4f:%;Offlttiii i"'•~?:ism: : ` Iloi;::' < <'sz` :ii., ~ wr2M000 Mixed-use development office - cinema - retail - hotel - restaurant Permitted under Industrial zoning district site plan review ITY CPDC U:a erepermnua unea =Wft Z-Ins arsWM Community Planning and Development Commission \ ___i ~ mfr . a i 1 v V ~ u r~ r n v: S CS F~+.d a s' tL U = u u W ("yam o i pk;" Y, I SPECIAL TOWN MEETING Reading Memorial High School May 1, 2000 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:43 p.m., there being a quorum present. The Invocation was given by the Reverend Thomas J. Powers, St. Agnes Catholic Church, followed by the Pledge of Allegiance to the Flag. Before we begin, the Moderator would like to give a brief explanation as to the purposes and mechanics of a "Move for Reconsideration," since that is what we will be starting with tonight, and I have had several members ask questions about it over the weekend. Generally, once we have disposed of a motion, either for or against, that is the end of the issue, for the remainder of the meeting. There is an exception, however. When a "Motion for Reconsideration" is made, the original motion, although already voted on, may possibly come back before Town Meeting. There are several rules and restrictions involved, however. First, the motion to reconsider can only be made by a person who "voted on the prevailing side" the first time around. In other words, if a motion was voted through successfully, only a person who voted in favor of it can move for reconsideration. Conversely, if a motion failed, only a person who voted against it can move for reconsideration. The logic behind this is that reconsideration is to be used for "second thoughts, not second chances." In other words, if a person who was originally happy with the outcome now feels that further discussion is warranted, he or she can "move for reconsideration." There are further restrictions. The motion for reconsideration can only be made in two ways. First, it must be made at the session the original vote was taken, but the vote on reconsideration itself cannot be brought up until the next session. There is another way. If no one makes the reconsideration motion that evening, a member must file with the Town Clerk, his or her intention to do so, within 24 hours of the vote. It would then come up at the next meeting. The purpose behind the delay is to give members, and non-members alike some sort of notification that an issue already dealt with, might come back for a re-vote. If reconsideration is not moved- in either of these ways, the issue cannot come up again during the meeting. On Thursday evening, a motion for reconsideration was made by a member who had voted on the prevailing side - or in this case - a vote against the motion under Article 4. If the motion had not been made, we would not be allowed to bring back the business of Article 4. Because the motion for reconsideration was made, Article 4 might possibly come back to this body for a second vote. This is the way we will proceed. We will first discuss the merits of reconsideration only. We have already discussed for more than 2 hours, the merits of Article 4, and until such time as it is back before this body, we will stick to the issue of whether or not we should reconsider. If the motion to reconsider should fail, that is the end of the issue and we will continue where we left off. If reconsideration should carry - it needs a 2/3 vote, by the way - we will then bring the original motion under Article 4 back before Town Meeting, and all debates on the issue will be allowed. ARTICLE 4 - On motion by William C. Brown, Precinct 8, it was moved to reconsider the subject matter of Article 4. 2/3 vote required 20 voted in the affirmative 97 voted in the negative Motion to reconsideration did not cgLr Point of Personal Privilege by Jolu7 F. Russo, Precinct 1, responding to comments by school conunittee: • public trust ■ suggests lack of diversity of school committee • there is a gap in leadership of Town and what people want • need forum of ideas • need battle of ideas Point of personal Privilege by Virginia M. Adams, Precinct 2, responding to above matter stating that this should be brought forth in a letter to the editor and not Town Meeting. ARTICLE 6 - On motion by Jonathan E. Barnes, Chairman of the Community Planning and Development Commission, it was voted to amend the Reading Zoning By-Laws as follows: a) Amend Section 5.1.2. Table of Dimensional Controls of the Zoning By-Laws, under use categories "Hotel or Motel" and "Other Permitted Uses" in the rows entitled "In Bus-C Districts" by deleting the numbers "50", "20" and "85" in the columns respectively entitled "Front feet", "Rear feet", and "Maximum Building Height" and substituting therefor the numbers 10, 10 and 55* and adding the following described * footnote, so that those portions of the Table of Dimensional Controls will read as follows: Area Sq. Feet Frontage Feet Front Feet Side Feet Rear Feet Coverage % of lot Maximum Building Height Feet N.A. N.A. 10 10 10 60 55* Fifty-five (55) feet, except ninety-five (95) feet if the structure is located within four hundred (400) feet of the property line adjacent to Route 128, as it exists on May 1, 2000, including ramps, and south of Jacob Way and excluding areas within two hundred (200) feet of the residential zoning district to the west, all as more specifically shown on a plan entitled: "Plan Showing Height Limitation and Setback Areas, Business C District in Reading, Mass.", dated March 27, 2000, Scale 1" = 60', by Hayes Engineering, Inc., on file with the Reading T6wn Clerk. -2- Special Town Meeting May 1, 2000 b) Amend Section 5.3.1 Transitional Areas of the Zoning By-Laws by deleting the text and substituting therefor the following text: "Buildings in Business A, Business B and Industrial Districts located in the same block as, and within one hundred fifty (150) feet of a Residence District, and buildings in a Business C District within one hundred (100) feet of a Residence District shall be subject to the following additional requirements;" C) Amend Section,5.3.1.1. Table of Additional Dimensional Controls for Transitional Areas of the Zoning By-Laws by deleting the rows entitled "Business C - Adjoining", "Business C - within 100 feet", and "Business C - within 150 feet". d) Amend Section 5.3.1.3. of the Zoning By-Laws by deleting in the first sentence thereof the phrase "a Business C or" and substituting therefor the word "an", by deleting in subsection a. the phrase "Residential/Business C" and substituting therefor the word "Residential", by deleting in subsection a. the phrase "Business C and/or" and by deleting in subsection b. the phrase "Business C and/or", so that Section 5.3.1.3. shall read as follows: "5.3.1.3. As part of all new construction of any building, parking lot, structure, or any extension or addition thereto in an Industrial District and where such construction abuts within one hundred twenty-five (125) feet of any Residential District, a buffer strip is to be established subject to the following requirements: a. Said buffer strip shall have a twelve (12) foot minimum depth and contain a curb to prevent parking within the strip, a six (6) foot high fence which shall be located a maximum of two (2) feet from the abutting Residential and/or industrial lot line and contain an evergreen hedge on the Industrial side of the fence which is to be at least three (3) feet in height at the time of planting and will provide a year-round dense visual screen and attain a height of at least seven (7) feet within five years of planting. b. Said buffer strip shall be constructed along the full abutting length of any Residential District lots so affected and lie entirely within the Industrial District." e) Amend Section 5.3.1 of the Zoning By-Laws by adding the following as Section 5.3.1.4.: "5.3.1.4. All new construction of any building, parking lot, structure, or any extension or addition thereto in the Business C District shall be subject to the following requirements: a. No building shall be located within one hundred (100) feet of a Residence District. b. There shall be a landscaped buffer strip of a minimum width of twenty- five (25) feet along the full abutting length of a Residence District. Said -3 - Special Town Meeting May 1, 2000 buffer shall be a densely planted staggered double row of a 70/30 mixture of evergreen/deciduous trees. Plant material shall be such that a minimum of seven (7) feet in height is reached within the first five (5) years of planting. Plant material shall be maintained in a healthy condition or replaced to attain previously noted height. Buffer edge shall be planted a minimum of two (2) feet off of the property line abutting residential property. c. No parking area shall be located within twenty-five (25) feet of the Residence District, and no parking area or building shall be allowed in Restricted Area "A" as shown on the plan entitled: "Plan Showing Height Limitation and Setback Areas, Business C District in Reading, Mass.", dated March 27, 2000, Scale 1" = 60', by Hayes Engineering, Inc., on file with the Reading Town Cleric.". f) Amend Section 5.2.8.1. of the Zoning By-Laws by inserting the phrase "and Business C" after the phrase "Apartment 80" so that Section 5.2.8.1. shall read as follows: "5.2.8.1. In any district other than Apartment 80 and Business C, not more than one principal building shall be erected on a lot." g) Amend Section 6.1.1.2. of the Zoning By-Laws by adding at the end thereof ` ; provided, however, that in a Business C District, off-street parking areas or loading and unloading areas may be provided on or off the same lot more than three hundred (300) feet distance from the use they serve without such permission from the Board of Appeals so long as they are located within the Business C District and provided such parking and loading rights are evidenced by legally sufficient instruments approved as to form by Town Counsel and filed with the Town Clerk.", so that Section 6.1.1.2. shall read as follows: "6.1.1.2. Off-street parking areas, or loading and unloading areas shall be provided on the same lot as the use they serve, except that the Board of Appeals may permit off- street parking areas to be provided on another lot, but in no event shall such areas be more than three hundred (300) feet distance from the use they serve; provided, however, that in a Business C District, off-street parking areas or loading and unloading areas may be provided on or off the same lot more than three hundred (300) feet distance from the use they serve without such permission from the Board of Appeals so long as they are located within the Business C District and provided such parking and loading rights are evidenced by legally sufficient instruments approved as to form by Town Counsel and filed with the Town Clerk." h) Amend Section 6.1.2.2. of the Zoning By-Laws by deleting the phrase "twenty (20)" and substituting therefor the phrase "eighteen (18)" and by inserting after the first sentence the sentence "For off-street parking spaces in enclosed accessory structures, such spaces shall be not less than eight (8) feet, six (6) inches in width, seventeen (17) feet in length, with twenty-six (26) foot aisle widths.", so that said Section 6.1.2.2. shall read as follows: -4- Special Town Meeting May 1, 2000 "6.1.2.2. Each required off-street surface parking space shall be not less than nine (9) feet in width and eighteen (18) feet in length, exclusive of drives and maneuvering space. For off-street parking spaces in enclosed accessory structures, such spaces shall be not less than eight (8) feet, six (6) inches in width, seventeen (17) feet in length, with twenty- six (26) foot aisle widths. Each off-street loading and unloading space shall be not less than twelve (12) feet wide and thirty-five (35) feet long." i) Amend Section 6.1.1.3. Table of Off-Street Parking And Loading/Unloading Requirements of the Zoning By-Laws by deleting the text in the rows entitled "Lodging Houses, Hotels, Motels and Tourist Homes", "Industrial and Manufacturing Establislunents" and "Office and Professional Building", under the columns entitled "Minimum Number of Off-Street Loading and Unloading Spaces Required" and substituting therefor in each row the following: "One space if 0 - 100,000 square feet of gross floor area; two spaces if 100,001-150,000 square feet of gross floor area; three spaces if 150,001-300,000 square feet of gross floor area; four spaces if over 300,000 square feet of gross floor area, plus one space for each additional 150,000 square feet of gross floor area over 450,000 square feet of gross floor area." j) Amend Section 6.1.1.3. Table of Off-Street Parking And Loading/Unloading Requirements of the Zoning By-Laws by adding in the row entitled "Restaurant" under the column entitled "Minimum Number of Off-Street Loading and Unloading Spaces Required" the following footnote: No additional spaces shall be required for restaurants located in hotels where the gross floor area of the restaurant has been included in the gross floor area of the hotel." Ik) Amend Section 4.2.2. Table of Uses of the Zoning By-Laws as follows: In the column entitled "Bus C": in the row entitled "Public and Quasi-Public Uses - Private Kindergartens" delete "No" and substitute therefor "Yes"; in the row entitled "Industrial Uses - Enclosed Storage" delete "Yes" and substitute therefor "No"; in the row entitled "Recreational Uses - Commercial Amusements" delete `.`SPS" and substitute therefor "No"; in the row entitled "Accessory Uses - Manufacturing & Industrial" delete "No" and substitute therefor "Yes"; and In the row entitled "Accessory Uses - Consumer Service" delete "No" and substitute therefor "Yes". -5 - Special Town Meeting May 1, 2000 1) Amend Section 2.0 Definitions of the Zoning By-Laws by adding the following as Section 2.2.7.2.: "2.2.7.2. Computer Services: The development of computer and related components for purposes of software, hardware and electronic commercial businesses, with assembly and distribution restricted to support said development as an accessory use. m) Amend Section 2.2.16 "Height of A Building" by adding at the end thereof the following: "For buildings with more than one principal front, said vertical distance shall be measured from the average of the established grade or the natural grade, as applicable, measured at the centerline of each principal front." 2/3 vote required 150 voted in the affirmative - 0 - voted in the negative ARTICLE 7 - On motion by Jonathan E. Barnes, Chairman of the Community Planning and Development Commission, it was voted to amend the Reading Zoning Map as follows: Rezone from S-15 and 5-20 Residence Districts to the Business C District those portions of the land situated off Jacob Way shown on Reading Board of Assessors' Rev. Jan. 1, 1994 Map 4 as Lots 11A and 25 and on Reading Board of Assessors' Rev. Jan. 1, 1982 Map 5 as Lots 2, 5, 13, 16, 17 and 18, and part of Jacob Way, not currently zoned Business C, and, being shown on a plan on file with the Reading Town Clerk entitled: "Plan Showing Areas of Former Addison Wesley Property in the Business C District in Reading, Mass.", dated March 27, 2000, by Hayes Engineering, Inc. 2/3 vote required 150 voted in the affirmative - 0 - voted in the negative On motion by John. D. Wood, Precinct 2, it was moved to take Article 2 from the table. ARTICLE 2 - On motion by John D. Wood, it was voted to instruct the Board of Selectmen not to agree with any development in the landfill that proposes any residential use. Vote questioned. Counted vote requested 93 voted in the affinnative 48 voted in the negative On motion by John D. Wood, Precinct 2, it was moved that the Article 2 be laid on the table. -6- Special Town Meeting May 1, 2000 On motion by John D. Wood, Precinct 2, it was voted that this Special Town Meeting stand adjounled sine die. Meeting adjourned at 9:01 p.m. 161 Town Meeting Members were present. A true copy. Attest: Cheryl . John on Town erk 7- Special Town Meeting May 1, 2000 C~• b.Q O 4J N Ct U N r/1 W ~I--~ 0 . ~..d Azad 0 0 (n 0 nits 'E M . . Iwo MOR RIS- NY j too : 1.7 iiii-l...~~.~'..~.~*'..~~*..." . N CiI 0^ 0 an Cld rc~ U Cam. N C~ 4J Ct rci r/1 C/~ P4 C*--® cn N n 1{ i t W F ~ a J u 2 O ~ m a . M O m ~ Y w M U F- a H Wy wa N {.i y W a3 bq O O 'C 'U O V , u ^c (sl O cu o c c N y O 1 I. zaan5 °~W fa- U^ C. N -0 r) I: r-o r W < u M N 9 M < g • g ~ o m ~ o W Y ~ r o u r < N 0 At. u~ 0 b d o 4 b y W z Q ai C b G m 10 C4 J , + co, ~pl 0 tl. LL(nV)LL U" 000000 U. O cl O a v OQ 00000 _ n - . 't 'o v co v m c C14 r~ m '4 c0 ( ao O oa Q. y y ~I i~ 3 t/1, C ~ ~ ~ ~ v u { yp, + r V C ca OC > ~y Y o '4 vi amuoWU ho tn CL _j -i r. 4-0 ~ l Pb4 H x n w r a u a ~ N o m o Y w O U h «t 0 a a~ 0 b <C oY U .c W O cn v~ c 4