Loading...
HomeMy WebLinkAbout1993-10-29 Special Town Meeting MinutesC )NWEALTH OF MASSACHUSETT Middlesex, ss. Officer's Ketui n, Reading: By virtue of this Warrant, 1, on Oc-~v h ei- 9, I9 9-3 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 St. Athanasius Church, 300 Haverhill Street Remax, 1213 Main Street Precinct 2 Cumberland Farms, 305 Salem Street Registry of Motor Vehicles, 275 Salem Street JoAnn's Variety, 143 Salem Street Precinct 3 Chuck's Variety Store, 245 Washington Street Reading Police Station, 67 Pleasant Street Wayside Bazaar, 107 Main Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Dragon Corner Store, 206 West Street Fire Station, 267 Woburn Street l Precinct 5 B & M Railroad Station, High Street Town Hall, 16 Lowell Street Housing for the Elderly, 1 Frank D. Tanner Drive Precinct 6 Alice M. Barrows School, 16 Edgemont Avenue Spence Farm Market Gardens, 40 West Street Meadowbrook Golf Club, 292 Grove Street ' Precinct 7 P & S Convenient Store, 287 Lowell Street Reading Memorial High School, 62 Oakland Road Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Arthur W. Coolidge, Jr. High School, 89 Birch Meadow Drive Birch Meadow School, Arthur B. Lord Drive Marshall's, 1342 Main Street The date of posting being not less than fourteen (14) days prior to November 15, 1993 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 October 29, 1993. ATRUE COPY. ATTEST: cJ,a C TOWN CLERK Sa ly M. Hoyt Constable SPECIAL TOWN MEETING FIRST BUSINESS SESSION Reading Memorial High School November 15, 1993 The meeting was called to order by the Moderator, Paul C. Dustin, at 7:40 p.m., there being a quorum present. The Invocation was given by Deacon Jack Fenton, Saint Agnes Church, followed by the Pledge of Allegiance to the Flag. The warrant was partially read by the Town Clerk, Catherine A. Quimby, when on motion of George V. Hines, it was voted to dispense with further reading of the warrant, except for the Officer's Return, which was then read by the Town Clerk. ARTICLE 1 On motion of George V. Hines, Article 1 was moved and the following report given: I would like to report to Town Meeting on the active sale of Town-owned real estate projects; Bear Hill, Pearl Street School and the Reading Business Park. First I would like to offer some comments on sale of real estate in general. The commercial office market is still very much in the doldrums. While the general economy is experiencing slow recovery, the commercial real estate market, with a glut of existing office space available at bargain rates, is much more resistant to new projects. It is important to remember that the parcels we are dealing with all have unique features which complicate their sale. Furthermore in the current buyers' market negotiations are very difficult. Getting the most dollars for your property requires creativity in negotiations and the result can produce an agreement with elements that, taken alone and out of the context of the agreement, may seem extraordinary but you have to create a win/win situation to achieve results. Having gone through the process I can tell you that despite the challenges, we have negotiated very effectively, thanks in large measure to the Town Manager. I ask that when evaluating the results of these negotiations and any ancillary action requested of Town Meeting that you consider the elements of the agreement within the context of the market and the whole agreement itself. I can also assure Town Meeting that despite the drumbeat from certain quarters to sell, we have not, nor will not let ourselves get stampeded into a bad deal. Nor will we let the same drumbeat panic us into reneging on the best possible deal available. We urge Town Meeting not to be stampeded or panicked by those who would attempt to portray a distorted picture of a complete deal by isolating a single element. Bear Hill The previous agreement, which was negotiated at the height of the real estate boom, fell apart when the proponent could not finance what had become an inflated price. As a result of a new RFP a new creative proposal which addressed issues raised in the previous process and responding to the current market was proposed and negotiated with Bear Hill Limited Partners. The result is a sale which provides an immediate return, potential future return upon conversion to condominiums, and we still have the 23 $50,000 from the previous failed transaction. The details of the sale are well documented public record but the bottom line is a win/win situation for the Town where the price increases if the developer does more for the Town. Pearl Street School Still under negotiations. Current status - few details to negotiate - sides getting closer - hope to finalize a deal shortly PEARL STREET SCHOOL FACT SHEET April 1989, Town Meeting directed and authorized the sale of the Pearl Street School building. Appraisal conducted. May 1989, Town Meeting asked that the building be sold for Senior Citizen Housing. Constraints on the sale. limited market due to the drive for a specific use extraordinary costs associated with the building asbestos - Attempts to preserve some existing uses playfield dance school 1990, Town authorized RFP - no bidders Spring 1993, new RFP authorized. Proposals received June 14, 1993. 2 proposals received, and.1 was rejected as being non responsive to the RFP. Evaluation Committee formed 5-11-93. Met 4 times, and unanimously recommended the proposal by Pearl Street Associates, a joint venture of Longwood Management and World Development Corp. - Currently negotiating P&S. Major features: - Price offered of $487,500 is being negotiated; - Town retains playfield; - Current tenant (LaPierre School of Dance) will be able to stay at least through lease of 6-30-97; - Will try to provide some assistance to the Arts Association; Use is 65 units of elderly assisted housing, with 20% being "affordable" units; - Advantages to sale include: - Preservation of the building; - Provision of affordable elderly housing; - Low impact use in terms of traffice and services; - Avoid $35,000 per year net operating costs of building; - Avoid $300,000 capital improvements needed for the building; - Will realize cash from sale that can be spent in accordance with the Town plan for capital improvements and funding unfunded pension liability; 24 Will add to real estate tax levy capacity, putting this property back on the tax rolls; Will provide a community and neighborhood asset. Reading Business Park This is the largest parcel in our inventory and the linchpin in the effort to broaden the commercial tax base. The final divorce decree in the relationship with Homart Development ended last spring closing another chapter in the continuing saga of this parcel. During the closing stages of that relationship the Board grappled with Homart's and others' proposals to sell portions of the parcel for big box retail or other retail concepts. Ultimately the Board decided that the retail concepts offered were not compatible with the Town's long-term needs or goals. After substantial thought and dialogue it was the Board's judgment that these land uses would detrimentally effect the downtown business district, change in an undesirable way the character of the community, and be counter productive to the goal of expanding the commercial tax base. In July the Board and Town Manager formed a new Task Force to work on a revived program to develop the site in a manner consistent with out long-term goals. The Task Force is comprised of Selectmen, CPDC members, a representative of the Assessors, the Town Manager, DPW Director, Community Development Director and other staff members as needed. The Task Force also includes a couple of citizens with experience in both town government and the commercial real estate market. Initially the Task Force focused on compiling all available information on the parcel including all engineering information compiled by Homart but not previously available to the Town. We also engaged in dialogue on the best approach to developing the parcel including keeping the parcel intact or dividing it up in sub parcels. While the feeling is that the Board of Selectmen should make a policy decision on this question the Task Force is forging ahead on marketing concepts, thus the development of the new name (Reading Business Park) and the process of pre-permitting the parcel to streamline the process for potential development. Staff and Task Force members are also continuing efforts at networking with real estate contacts and various industry representatives. As part of the process we will also be examining the need for further modification to the PRD zoning bylaw. The development horizons for this project are unpredictable but through the efforts of the Task Force, with the support of the Board of Selectmen and Town Meeting, it will eventually get done. I can assure you it will.get done in a manner that is as thorough and inclusive as the previous land sale projects. ARTICLE 1 Peter I. Hechenbleikner, Town Manager, gave the following report of progress on the Water Supply Protection Task Force. The Water Supply Protection Task Force was formed May 6, 1993, by memo from the Town Manager, and includes the following: Community Development Director, Conservation Administrator, Human Services Director, two Community Planning and Development Commission.members, two members of the Board of Health, 25 Conservation Committee member, Fire Chief, Department. of Public Works Director, Water Treatment Plant Supervisor, member of the Board of Selectmen, Town Manager, Water/Sewer Advisory Committee Member and two residents of the community who came forward to assist. The Task Force organized into 10 subcommittees: Public Land and Road Management; 1-93 Containment; Underground Storage Tanks; Alternative Fuel Supply; Land application of fertilizers', herbicides and pesticides; Hazardous materials; Earth removal and filling; Land use; Septic Management; and Wells/water supply. Their findings to date are: (1) There are adequate regulatory provisions of UST's without needing a local bylaw. (2) The Town has requested that Mass. Highway design and install some kind of containment system along 1-93. (3) The Town will work with our local gas supplier to extend gas supplies. (4) Appropriate application of lawn herbicides, fertilizers and pesticides, public education, and perhaps regulation will be needed. (5) We are identifying. all households with septic systems, and are evaluating the new state regulations related to septics. (6) We need to determine the feasibility of extending sewer lines to areas that are unsewered. (7) The Zone 2 identification of the wellfields needs to be identified. (8) We will map the location of all wells in Town. ARTICLE 1 Richard H. Coco, Chairman of the Finance Committee, presented the following report. This evening I can report to Town Meeting that Reading is in good financial condition at this mid-point through FY 1994 budget. The income and expenditure projections used in preparing the FY 1994 budget have in general proved accurate and in some cases conservative. Revenues from various sources continue to closely follow projections and in some cases have even exceeded expectations by a small amount. The approval of the 2 1/2.override at last year's annual town election has gone far in providing Reading government with a very necessary . and timely infusion of new funding. Funding which has been carefully used to meet needs across all Town Departments. There have been no large budgetary surprises to date and while the burden of winter snow removal and plowing remains a big unknown, at this mid-point in FY 1994, there is some reason for optimism in describing the Town's financial health. The budget process for Reading however is an evolutionary and continuous process. Preparations for the FY 1995 budget have already begun. In early November the budget committee made up of representatives from the Municipal and School Administration, FINCOM and the Board of Selectmen held the first of several meetings to begin the process of developing the FY 1995 budget. The major unknown that has the potential for impacting the FY 1995 Budget and future budgets as well, is the recently enacted Education Reform Bill. Both Reading's municipal and school administrations are working closely with the state agencies empowered to administer this legislation to better understand its long term implications for.Reading. 26 FINCOM continues to be actively involved in several committees formed to address specific issues or concerns. Two FINCOM members are assigned to the Audit Committee which was organized this j - past July. The committee also includes in its membership the Town Treasurer, Town Accountant, a member from the Board of Selectmen and a Reading citizen. The Audit Committee's first action was to invite several firms to submit proposals for conducting the annual financial audit of Reading. After reviewing these proposals the committee recommended that Peat Marwick again be retained as the Town's auditor for the next three years. Peat Marwick recently completed their audit of FY 1993 and the Audit Committee will meet with their representatives in late November to review their findings and recommendations. FINCOM was also asked to participate in the Tax Re-classification Committee created by the Selectmen to study this issue. This committee held several meetings through September and October gaining input from several sources, before issuing a report to the Selectmen. Finally, the Capital Improvements Sub-committee of FINCOM working closely with the Town Manager has completed the most extensive review and cataloging of Reading's current capital equipment and facilities. The effort by this committee in visiting each facility operated by Reading and reviewing present and future equipment needs has been extensive and certainly more time consuming than originally envisioned when the undertaking was started. The committee is now in the process of preparing a long term capital improvement plan for Reading which will be presented to FINCOM, the Selectmen and the School Department early next year and ultimately to Town Meeting in the spring. ARTICLE 1 Roger O. Sanstad, Chairman of the School Building Committee; presented the following report of progress from the School Building Committee. Birch Meadow The fence is up, the construction trailers are in place, the trees are tagged. A Clerk of the Works has been hired and is in place. They should be digging for footings by the end of next week. We are at present and should continue to be on schedule and we may be below budget, thus a completion date of August 1994 looks good with a minimal disruption to the educational process at the school. The School Building Advisory Board has sanctioned as an approved site project. Joshua Eaton We should be ready for bid by January 1994 and a plan for design details is at present 27 is available to answer any technical questions any member of Town Meeting or the public may have. The good news that I continue to bring to Town Meeting is that the Reading Municipal Light Department continues to be an outstanding utility for service to its ratepayers while maintaining rates that are among the lowest of all municipally and privately owned utilities in Massachusetts. As the Commission and the Department look back over the last year and ahead to the coming year we see accomplishments but we also see challenges. Financially - The RMLD felt the effects of the recession in 1991 and 1992. We prepared our 1993 budget on the assumption that electricity sales would remain flat and that the effects of the recession would continue through 1993. We are pleased to report that electric sales in 1993 to date have increased by approximately 3%. This increase plus the revamping of a majority of the power supply contracts means that 1993 will likely be the year that the RMLD will achieve certain financial performance levels. These financial levels mean that more of the Department's reserve. funds can be reserved for the future and not be used. currently. DPU 85-121 - The RMLD has moved forward to reverse this ruling which restricts the RMLD's rate of return. The reversing of the ruling will decrease the department's need for future bonding and to ensure sufficient capital funds to maintain system reliability. The department has met with the 4 towns in the district to discuss this, issue. From that meeting came the Citizens Advisory Board use of an independent consultant to confirm the department's analysis and position. In 1994 the Commission feels a resolution of this issue will be forthcoming. New Transmission Substation - The RMLD plans a new transmission substation to be located in North Reading.. The new substation will allow the department to connect to an alternative supplier and thus use competitive forces to obtain favorable prices for our ratepayers. At present the department owns a parcel of land in North Reading. Construction will not likely start until 1995-1996. 1994 will see the completion of preliminary engineering and environmental analysis and some regulatory approvals. New RMLD Facilities on Ash St. - Construction of the new facility is well under way and progressing on schedule and within budget.. Construction should be completed in June 1994. An Open House will be held when the construction is complete and all are invited. A separate but related issue to the construction is what to do with the present RMLD building on Haven Street. The Commission and the Department will be meeting with the Selectmen to begin discussion on the sale of the Haven Street property. The Commission intends to fulfill its past commitment to Town Meeting and use the proceeds to offset the bonding obtained for construction of the new facility. Electric Car - The RMLD, using a grant from the American Public Power Association, converted a new GEO Tracker to an all electric vehicle. It is already on the- road and 30 has proven to date to be effective. The vehicle is available for viewing to any group that is interested. MMWEC - As of April 1993 the Department is not longer a member of the Mass Municipal Wholesale Electric Corporation. A system is in place to perform the services at a lower cost than MMWEC previously provided to us. Additionally an audit is underway to insure that power contract cost on existing MMWEC contracts with the Department are being billed properly. 100th Anniversary - The RMLD will celebrate its 100th anniversary in May 1994. We have coordinated our celebration with the 350th celebration planned by the Town of Reading. We additionally plan a series of 1994.activities throughout the 4 Towns in the district. Organizational Changes - The RMLD has created an Information Systems Group to efficiently handle the complexity of the newly modernized computer system. A Human Resources Group was also created to implement the new complex federal laws on personnel issues and to assist in improving our overall employee productivity and flexibility. Science Olympiad - The RMLD contributed $2,000 to the Coolidge Middle School's participation in the competition. The final area is an area that could transcend all other accomplishments and - challenges that face the Department. The electric utility will be deregulated in the near future. Deregulation will foster an era of competition. Within a few years, it is possible that large industrial and commercial customers will be able to seek alternative suppliers of electricity. Loss of such customers would mean increased electric rates for the remaining small commercial, residential and municipal customers. In some cases certain electric entities could cease to exist. To ensure that the Department is prepared for a new competitive environment, the Commission and the Department held a 2 day planning meeting in May 1993. This meeting developed a basic plan of short-term actions to ensure we maintain high customer service standards and efficient business and reliability processes. Additionally, it identified a series of long-term actions that will reshape the RMLD to meet the demands of the 21 st century. The needed short-term actions have already been started. In late 1993 or early 1994 the RMLD will begin concentrating on the long-term action phase. This plan represents a commitment of the Commissioners, the RMLD Management and the RMLD employees. ARTICLE 1 On motion of Daniel A. Ensminger, it was voted to lay Article 1 on the table. ARTICLE 2 On motion of Daniel A. Ensminger, it was voted to lay Article 2 on the table. 31 ARTICLE 3 On motion of Daniel A. Ensminger, it was voted to indefinitely postpone Article 3. ARTICLE 4A On motion of Richard H. Coco, Chairman . of the Finance Committee, it was voted to ammend the following line items by $136,705. TOWN OF READING BUDGET ADJUSTMENTS Al Acc't Pers. Services $2,312 E8 Recreation Pers. Serv. Bl Conserv. Pers. Serv. 5695 E10 Hum.Ser.Gen.Pers.Serv. B3 Zoning Bd.Pers.Serv. $18 F1 Library Pers. Serv. B6 Inspect. Pers. Serv. $1,340 G1 Police Pers. Serv. B8 C.D. Gen. Pers. Serv. $1,498 G3 An. Cont. Pers. Serv. Cl Fincom Pers. Serv. $26 G5 Fire Pers. Serv. C4 Assess. Pers. Serv. $1,557 G7 P.S. Gen. Pers. Serv. C8 Data Processing $7,390 G8 P.S. Gen. Expenses C10 Fin. Gen. Pers. Set v. $6,194 1-115 DPW Pers. Serv. D2 Twn. Mgr. Pers. Serv. $1,618 I-316 DPW Expenses D3 Twn. Mgr. Expenses $10,000 I-121 Cem. Pers. Serv. D5 Labor Counsel $5,000 H22 Cemetery Expenses D7 Twn. Clerk Pers. Serv. $808 I I Salary Adj. Fund D9 Elect. Pers. Serv. $7,202 J 1 School Department D10 Elect. Expenses $5,450 J2 Voke School Assess. D11 Casualty Insurance ($50,000) 1_4 Group Health/Life D12 Gen. Serv. Pers. Serv $2,296 MI Water I'ers.Serv El Health Pers. Serv. $677 N 1 Sewer Pers. Serv E2 . Health Expenses E3 Eld. Serv. Pers. Serv. E5 Veterans Pers. Serv. *To be used against prior votes $2,500 N2 Sewer Expenses $1,724 $189 Total $447 $2,058 $9,901 $61,270 $4,984 $84,725 $4,278 $1,800 $23,417 $6,700 $4,239 $4,100 ($2,000 from sale of lots) ($156,975) $213,314 $2,225 $45,000 from Ins Trust $11,304 ($193,261 from water res*) $3,603 ($52,000 from sewer res.) ($471,589) ($136,705) Town Manager Peter I. Hechenbleikner spoke to each proposal, outlining the reasons for the amendment . He noted that all salary lines reflect an increase of 2 1/2% as voted under Proprosition 2 1/2 in March 1993. He advised that $10,000 under D2-Town Manager Expense would be earmarked to cover the Town's expenses for the 350th Celebration in May/June 1994. ARTICLE 4B On motion of Richard H. Coco it was Voted to appropriate from available funds (pursuant to Chapter 33 of the Acts of 1991) the sum of Two Hundred 32 Sixty-Six Thousand Six Hundred and One Dollars ($266,601.00) for highway projects in accordance with Chapter 90, Massachusetts General Laws. ARTICLE 5 On motion of Daniel A. Ensminger it was voted to rescind all of the $70,000 bond authorization made for the purpose of repairing or replacing sections of the roof of Reading Memorial High School pursuant to the vote taken under Article 15 of the 1993 Annual Town Meeting Warrant and that the Town vote to rescind $1,000 of the remaining bond authorization voted for the purpose of repairing or replacing sections of the roof of Reading Memorial High School pursuant to the vote taken under Article 5 of the 1992 Subsequent Town Meeting Warrant. ARTICLE 6 On motion of Daniel A. Ensminger, it was voted that the Town transfer from Sewer Surplus and appropriate $8000 for the purpose of constructing a sanitary sewer system and sewer facilities on portions of Larch Lane; such sum to be expended by and under the direction of the Board of Selectmen. ARTICLE 7 On motion of Willard J. Burditt, it was voted to accept the provisions of Massachusetts General Laws Chapter 41, Section 108L (Quinn Bill). ARTICLE 8 On motion of George V. Hines, it was voted to indefinitely postpone Article 8. ' ARTICLE 9 On motion of George V. Hines, it was voted to indefinitely postpone Article 9. Mr. Hines noted that Articles 8 and 9 were indefinitely postponed as proposed Bylaw changes would be in conflict with recently amended State Statutes. ARTICLE 10 On motion of Sally M. Hoyt, it was voted to amend the General Bylaws of the Town of Reading, Section 5.5.4.1, by inserting the phrase "Town Meeting," after the words "authorized by" so that Section 5.5.4.1 will read as follows: "5.5.4.1 No person shall gamble or keep, use or have in his possession any spiritous or intoxicating liquor in any building or room owned or occupied by the Town, except as otherwise authorized by Town Meeting, special statute or general laws." ARTICLE 11 On motion of Sally M. Hoyt, it was voted pursuant to Reading General Bylaws, Section 5.5.4.1., as amended by vote taken under Article 10 of this Town Meeting, that the 350th Steering Committee is hereby authorized to serve beer and wine at the Grand Ball scheduled to be held at Hawkes Field House, June 3, 1994. ARTICLE 12 On motion of Daniel A. Ensminger it was voted to amend Section 4.10.1 of the Zoning By-laws of the Town of Reading by adding the following sentence to the description of a PRD-M district: "There may be included in a PRD-M Zoning Overlay District privately owned property which was not former municipally owned property provided that any such 33 property can only be used for the purposes of providing access to, drainage control from or open space recreational uses fora contiguous parcel or parcels of property which otherwise complies in all respects for development as a PRD-M." The description of a PRD-M in Section 4.10.1. shall then read as follows: "PRD-M: Planned Residential Development on current or former municipally owned properties. There may be included in a PRD-M Zoning Overlay District privately owned property which was not former municipally owned property provided that any such property can only be used for the purposes of providing access to, drainage control from or open space recreational uses for a contiguous parcel or parcels of property which otherwise complies in all respects for development as a PRD-M." 2/3 vote required 81 voted in the affirmative 40 voted in the negative ARTICLE 13 On motion of Daniel A. Ensminger, it was voted to amend the Reading Zoning Map to include within the Planned Residential Development PRD-M overlay district established under Article 13 of the Warrant for the 1989 Annual Town Meeting as the same was renamed by vote under Article 30 of the Warrant for the November, 1992 Subsequent Town Meeting, the land known as 168 Hopkins Street and shown as Plot 50 on Reading Board of Assessors' Map 13, Rev. Jan. 1, 1986, currently believed to be owned by Summit Towers Company. 2/3 vote required 86 voted in the affirmative 35 voted in the negative On motion of Michael F. Slezak, Precinct 5, meeting was adjourned at 10:55 p.m. 174 Town Meeting members present A true copy. Attest: Catherine A. Quimby Town Clerk SPECIAL TOWN MEETING NOVEMBER 18, 1993 Reading Memorial High School November 18, 1993 The meeting was called to order by the Moderator, Paul C. Dustin, at 7:45 p.m. there being a quorum present. The Invocation was given by Reverend Alan Bond, First Congregational Church, followed by the Pledge of Alliegance to the Flag. 34 The Moderator reminded members that the Subsequent Town Meeting needed to be adjourned at the conclusion of the Special Town Meeting. He also emphasized that Town Meeting members sitting in back of tellers would not be counted if they were standing in the aisle. All members must be seated forward when the vote is called to be included in the vote. ARTICLE 14 On motion of Thomas C. Baillie, Precinct 7, it was voted to amend the Reading Zoning Map by applying a General Planned Residential Development 9PRD-G) overlay zoning district to the property known as 64 Bay State Road and shown as-Plots 7, 8 and 9 on Reading Board of Assessors' Map 95, Rev. Jan. 1, 1983, currently believed to be owned by Robert Keegan. 2\3 vote required 127 voted in the affirmative 1 voted in the negative ARTICLE 15 On motion of Thomas C. Baillie, Precinct 7, it was voted to amend the Reading Zoning Map by applying a General Planned Residential Development (PRD-G) overlay zoning district to the property known as 59 Forest Street, and shown as Plot 15 on Reading Board of Assessors' Map 156, Rev. Jan. 1, 1981, currently believed to be owned by Vincent Bruzzese. 2/3 vote required 126 voted in the affirmative 0 voted in the negative ARTICLE 16 On motion of Thomas C. Baillie, Precinct 7, it was voted to amend the Zoning Bylaws of the Town of Reading by deleting Section 6.2., "Signs," thereof in its entirety and by substituting in its place the following: "6.2. SIGNS 6.2.1. General Provisions: 6.2.1.1. Purpose: The purpose of this section is: a. To encourage the effective use of signs as a means of communication in the Town, b. To maintain and enhance the quality of the physical and visual environment as essential components of the Town's character and identity and of the Town's ability to attract and retain appropriate economic activity, c. To improve traffic, pedestrian, and public safety, d. To minimize possible adverse affects of signs on nearby public and private properties, e. To enable fair, consistent, and effective enforcement of the provisions of Section 6.2. 6.2.1.2. Applicability: A sign may be erected, placed, established, painted, created, or maintained only in conformity with the provisions of this Section. 35 6.2.1.3. Definitions: For the purposes of Section 6.2., the following terms shall have the meanings hereby assigned to them: a. Area Identification Sign: a sign, located at the site entrance(s), identifying a common area containing a group of structures, or a single structure containing several uses. b. Banner or Pennant: any sign of lightweight fabric or similar material that is mounted or affixed at one or more edges, except that the Flags of the United States of America, the Commonwealth of Massachusetts, the Town of Reading, and any other Federally tax-exempt organization shall not be considered to be banners if displayed in a noncommercial manner; any flag otherwise displayed or any .other flag displayed on a nonresidential lot shall be construed to be a banner. C. Beacon: a stationary or revolving light, not primarily illuminating a sign, which flashes or projects illumination, single color or multi-colored, in any manner which is intended to attract or divert attention, except any such fixture which is required by the Federal Aviation Administration or a similar agency and is installed and operated under the safety regulations of such agency. d. Bulletin Board: any sign erected by a charitable, educational, or religious institution or a public body on its property for purposes of announcing events which are held on the premises, and contains no commercial information. e. Changeable Copy Sign/Reader Board: a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign or signboard; a sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign; a sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign. f. Commercial Message: any sign wording, logo, or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, sale, or sales event or other commercial activity. g. Joint Identification Sign: a sign which serves as common or collective identification for a group of persons or businesses operating on the same lot and which contains no advertising or promotional information. h. Marquee Sign: any sign attached to or made part of a marquee, that is, any permanent canopy or structure projecting beyond and extending along a building wall. i. Off-Premises Sign: any sign which directs attention to a business, commodity, service, entertainment, attraction, or other commercial activity which is sold, offered, or existing elsewhere than upon the same lot on which such sign is located, including any outdoor advertising sigri ("billboard") on which space is leased or rented for-the'purpose of conveying a commercial or noncommercial message, j. Portable Sign: any sign not permanently attached to the ground or any permanent structure, or a sign designed to be transported in any way including: -signs converted to "A" or "T" frames; -menu and sandwich-board signs; -balloons or blimps used as signs; -movable poster or panel signs; -umbrellas containing any commercial message; or -signs attached to or painted on vehicles travelling or, parked on, or visible from, any public right-of-way, unless such vehicle is used in the normal day-to-day operation of a business. 36 k. Sign Area: the area contained entirely within the signboard (the flat surface of durable material upon which letters or other graphic content of a sign is displayed) or if no signboard is present the area contained entirely within the smallest square, circle, triangle, or rectangle which completely encloses the outer extremities of all graphic material of a sign. 1. Sign Height: the distance from the base of the sign at normal grade to the top of the highest attached component of the sign or sign structure; normal grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign; in cases in which the normal grade cannot be reasonably determined, sign height-shall be computed on the assumption that the elevation of the nearest point of the crown of the public street along which the lot has frontage or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower. m. . Temporary Sign: any sign which is used temporarily, relates to events of a temporary nature, or is not permanently mounted. 6.2.2. Signs in Any Zoning District: 6.2.2.1. Signs Allowed Without Permits: Signs for which no permit is required are identified in Table 6.2.3 and Section 6.2.2.5. No private sign shall be installed or placed on public property, except by express permission of the Town or as otherwise allowed herein. 6.2.2.2. Removal of Defunct Signs: In the event a business, other than a seasonal business, ceases operations for a period of time in excess of thirty days, the sign owner or lessee, or the property owner, shall immediately remove any identification or advertising of said business or any product or service sold thereby. If the sign conforms to the provisions of this Section, and if a permit has been requested within said thirty-day period for altering the same sign in conformity with this Section to identify a new business in the same location, such alteration shall be allowed. Changes in legend on any directory sign shall be exempt from the provisions of this paragraph. 6.2.2.3. Nonconforming Signs: All nonconforming signs shall be removed or shall be altered so as to conform with the following provisions, whichever occurs sooner: a. When the nature of the business changes and the sign is changed or modified in shape, size, or legend; or b. When the name of the business changes and the sign is changed or modified in shape, size, or legend; or c. July 1, 1994 for any temporary sign or nonconforming temporary or permanent window sign; or d. July 1, 2000 for any internally illuminated sign which does not have an opaque background; or e. July 1, 2000 for any sign which is in excess of the number of signs allowed per business or per lot; or f. ~ July 1, 2005 for any nonconforming permanent sign which had an original installed cost of $10,000 or less; or 37 g. July 1, 2010 for any nonconforming permanent sign which had an original installed cost of more than $10,000. 6.2.2.4. Prohibited Signs: The following signs are prohibited in any zoning district: extent of more than fifty percent of its replacement cost at the time of damage, it shall not be reconstructed except in conformity with the provisions of this Section. a. Signs which interfere with traffic or pedestrian safety, including any which may obstruct or interfere with traffic or pedestrian visibility or movement at any intersection or into or out of any property, or which by reason of position, shape, or color may interfere with, may obstruct the view of, or be confused with any authorized traffic sign, signal, or device; or which makes use of the words "STOP", "LOOK", "DANGER", or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse motorists or pedestrians. b. Signs placed or painted on any tree (other than street address), rock (other than street address), utility pole (.other than.yard sale sign), traffic safety sign, or similar fixture; painted on any building wall, bench, pavement, parking bumper or curb (other than a "Reserved" marking), or other similar outdoor surface. C. Internally illuminated signs in a Business-B Zoning District, internally illuminated signs without opaque background or signboard in any other zoning district; signs which contain a beacon of any type; which contain a spot light providing direct illumination to the public; which flash, revolve, rotate, move, or blink, or which fluctuate in light intensity; animated signs, that is, which use lighting to depict action or to create an illusion of movement or a special effect or scene; neon or similar signs except as displayed on the inside of windows subject to the provisions of Paragraph 6.2.3.2.d. d. Banners (except as a temporary sign as specified in Paragraph 6.2.3.2.i below), pennants, off-premises signs, portable signs, roof signs extending above the parapet or ridgeline of a structure, or strings of lights not permanently mounted to a rigid background, of any type, except as provided in Subsection 6.2.2.5.e. e. Signs located on any portion of a lot except a Front Yard or a Side Yard directly abutting a public street. f. Signs which do not meet and are not maintained to meet the provisions of this Section and all applicable building, wiring, health, and safety codes; or which are not neatly and legibly lettered. 6.2.2.5. Exempt Signs: The following signs are exempt from this Section 6.2 and may be installed without permit, provided that the following is complied with: a. Authorized signs installed by the Town of Reading or the Commonwealth of Massachusetts, or any agency thereof, or with the express written permission thereof, for the purposes of traffic control or traffic or pedestrian safety or convenience, identification of public facilities or streets, or for direction to same; public notices and warnings required by and erected by Town, State, or Federal Government agencies. b. Directional signs; building markers. C. Political signs on private properties or vehicles only, provided that such sign shall not exceed six square feet in sign area, shall not be placed in such location as to constitute a traffic or pedestrian safety hazard, and shall not be displayed for more than forty-two days prior to the appropriate election or more than two days following 38 such election. d. Signs for churches and other Federally tax-exempt institutions. e. Holiday lights and decorations which contain no commercial messages and which are displayed during the appropriate season. f. Works of art which contain no commercial messages. g. Fuel pump information signs, only as required by State law, are allowed and shall not affect the computation of allowable number of signs or aggregate sign size on a property. h. Any sign within a structure, not attached to any window or door, which is not visible from other properties or from any street right-of-way. L Identification Signs, showing resident's name, street address and/or name of a lawful home occupation taking place on the premises. j. Construction Signs, identifying contractors while doing construction work on a property. k. Temporary Subdivision Sales Signs and permanent Subdivision Identification Signs as approved in connection with the Definitive Plans for such subdivision and located at the principal entrance to the subdivision in an acceptable easement, not within any street right-of-way or access easement. 1. Real Estate Sales Signs, including placards showing the words "Sold" or "Sale Pending" or similar not exceeding one-third the size of the sales sign. M. Temporary Open House signs, not exceeding four square feet each, may be placed at a rate of one per agency per intersection per property and one on the open house property. n. Garage/Yard Sale Signs, limited to one sign located on the property on which the garage/yard sale is taking place and one at each of no more than two intersections of public streets. 39 Table 6.2.3. Signs Permitted According to Zoning District Max. Max. Sign Sign Setbacks: Permit Area Height Front Side Maximum Type Required s ff (ft) ft ,(ft,), Number All Zoning Districts 1. Personal Message N 4 6 n/a 20 1/lot 2. Identification N 1 6(A) n/a n/a 1/lot 3. Construction N 16(B) n/a n/a 20 n/a 4. Subdivision Sales (C) 48 n/a n/a n/a 1/subdiv. 5. Subdivision (C) 24 n/a n/a n/a 1/subdiv. 6. Real Estate Sales N 8 6 n/a 20 1/lot 7. Temp. Open House N 4 n/a n/a 20 1/agency per lot 8. Garage/Yard Sale N 4 n/a n/a 20 1 /lot Business-A Business-C and Industrial Zoninu Districts: 9. Free-Standing Y 50(D) 20 0 20 1/lot 10. Wall Y 2/41? (A) 49 10 I/business 11. Projecting y 8 (A) 46 10 1/business Business-B Zoning Districts: 12. Wall Y 2(F) (A) U 0 I/business 13. Projecting y 8 (A) -4 0 1/business NOTES: (A) Na portion of such sign shall extend higher than the bottom of the sills of the windows of the second floor of a building or higher than the lowest portion of the eaves or, in the case of a gabled wall, no higher than a line equal in height to the lowest portion of the lower cave of any adjoining building wall, whichever of the above is lowest. (B) Aggregate sign area of all applicable signs. (C) Only as shown in Definitive Subdivision Plans as approved by the Community Planning and Development Commission consistent with Paragraph 6.2.1.1. (D) May not be larger than 75 square feet if more than one business occupies the lot. 40 Table 6.2.3. continued additional requirements by type listed in Table 6.2.3 2. May display resident's name, address, name of home occupation 3, Free-standing only; to be removed prior to Occupancy Permit 4. Free-standing only; to be removed prior to Occupancy Permit for the last house in the subdivision. 5. Free-standing only; at principal entrance to subdivision 6. Free-standing only; to be removed by 14th day after transfer of property 7. Plus 4 total directional/agency/event, one per intersection; 8. Plus up to two directional signs/event; displayed only from 6:OOPM on day before event to 6:00 on day of event 9. Not more than two sign faces; 0' setback on corner lots 10. Parallel mounting on building wall only; no portion may project more than twelve inches from building wall; lesser front setback permitted for legally nonconforming buildings 11. Perpendicular to building wall, no portion may project more than 4 feet from building; 10 feet minimum clearance above ground; no exposed guy-wires or turnbuckles 12. Parallel mounting on building wall only; no portion may project more than six inches from building wall 13. Perpendicular to building wall; no portion may project. more than 4 feet from building; 10 feet minimum clearance above ground; no exposed guy-wires or turnbuckles (E) If the minimum distance from the building wall on which the sign is mounted is less than 100 feet from the centerline of the street which the sign faces, the maximum sign area shall be equal to 2 square feet per linear foot of said wall occupied by the establishment to which the sign relates; if such distance is more than 100 feet, maximum sign area shall be equal to 4 square feet per linear foot of said wall so occupied. (F) No wall sign for any non-residential establishment shall exceed a sign area equal - to 2 square feet per linear footage of length of the front wall of the building occupied by the establishment to which the sign relates. 6.2.3. Signs by Zoning District: 41 Signs are allowed or permitted in each Zoning District only as specified in Table 6.2.3. and as follows: 6.2.3.1. Signs in Residential Districts: Except for identification signs (6.2.2.5.i.) or signs allowed in Subsection 6.2.3.1.1., no sign in any Residential Zoning District shall be shall be illuminated in any manner. Decorative non-commercial banners or flags displayed on residential lots shall not be construed as signs for purposes of this By-Law. In connection with, any Special Permit to Construct a Planned Residential Development (PRD) granted in accordance with Section 4.10. hereof, the Community Planning and Development Commission may allow modifications to any provision of this Section which is not inconsistent with the Purposes of this Section as specified in Subsection 6.2.1.1. 6.2.3.1.1. Business or Commercial Signs: Legal nonconforming business or commercial operations in any residential zoning district shall be permitted only such signs as are permitted in a Business-13 Zoning District, as specified in Subsection 6.2.3.2.2., except that such signs shall be set back a minimum of twenty feet from any other lot and shall not be illuminated except during hours of operation. 6.2.3.2. Signs in Business and Industrial Zoning Districts: In addition to the requirements of Table 6.2.3., the following signs are allowed in all Business and Industrial Zoning Districts: a. Signs in connection with legal nonconforming residential uses in these districts shall comply with the provisions, and be subject to the exemptions allowed, in Subsection 6.2.3.1. above. b. Without sign permit, retractable opaque cloth awnings may contain letters up to four inches in height stating only the name of the business; such lettering shall not count toward allowed sign area. All other awnings or canopies with lettering or graphics shall require a sign permit and count as part of allowed sign area, provided that such has a minimum clearance of seven feet for retractable and ten feet for fixed awnings or canopies between the lowest point thereof and the ground or sidewalk and provided that they are not illuminated in such a way that the light from such illumination is visible through the canopy or awning. G. Bulletin boards are allowed, provided that no free-standing or wall-mounted bulletin board may exceed twelve square feet in size. d. Temporary and permanent signs are allowed to be attached to the inside or outside of the glass surface of a window, subject to the following: (1) The aggregate total sign area of all permanent and temporary signs attached to a window shall not exceed one-half of the transparent area of the window; (2) Permanent signs shall be of a durable material, such as wood, metal, plastic, neon tubes, decals, or paint, and shall be displayed only on the interior side of the surface of a window and door, provided that no lettering contained in such sign shall exceed six inches in height and that only the name of the establishment and the type of goods or services it offers shall be displayed or may state "OPEN; no such sign shall be internally illuminated except for those of neon tubes and these shall not be illuminated except during hours of operation of the business; no such sign shall require a permit; 42 (3) Temporary signs of one square foot or less may be displayed without permit on the interior surface of a window with no restriction on material, duration, or number; the aggregate sign area of all such signs is included in the limitation specified in Paragraph 6.2.3.2.d(1) above. e. Directional, identification, and informational signs are allowed provided that such signs shall be limited to wall and free-standing signs with a maximum of four square feet of sign area. One such sign, not exceeding six feet in height, may be placed at each vehicular entrance or exit on a lot to identify such entrance or exit provided such sign does not constitute a traffic hazard; such signs shall not affect the computation of allowable number of signs or aggregate sign size on a property. One such sign, not exceeding six feet in height and four square feet of sign area, may be placed in conjunction with each drive-up bank teller window or machine provided that such sign shall not constitute a traffic hazard. f. Marquee signs are prohibited except when used in conjunction with an indoor movie theatre and attached to the outside wall of the building, provided that the size of the marquee sign shall not exceed twenty-four square feet and the bottom of the marquee sign shall not be of a height of less than 8 feet above the grade directly below. g. Outdoor menu boards are prohibited except when used in conjunction with a restaurant having a drive-up window, provided that there be not more than three such signs with an aggregate total sign area not to exceed one hundred square feet, no one sign to exceed fifty square feet, and that any lettering thereon shall not be legible from any other property or any street right-of-way, shall be allowed per restaurant. h. Area identification signs are prohibited unless the size of the sign and the location of the wall or other structure upon which such sign is to be mounted are approved consistent with Subsection 6.2.1.1., by the Building Inspector, or in the case of Site Plan Review (Section 4.3.3.) by the Community Planning and Development Commission, based on traffic and pedestrian safety considerations; unless the size of the sign does not exceed twenty-four square feet and the height of the sign does not exceed six feet; and unless the sign has been granted a Certificate of Appropriateness as specified in Subsection.6.2.4. if located in a Business-B Zoning District. L Temporary signs only for business openings and reopenings, open houses, and special sales and promotional events for an individual business, are allowed, provided that the individual business shall place no more than three such signs per year (except in conjunction with an organized Town-wide common special event as specified below), that no such sign shall exceed sixteen square feet in sign area, that any such sign shall be printed or legibly lettered on a rigid signboard or fabric banner, that no such sign shall be a portable sign, that no such sign shall be displayed for more than fourteen consecutive days, that no such sign shall be placed so as to constitute a hazard to motorists or pedestrians, that if placed upon a window any such sign shall be included in the aggregate window area specified in Paragraph 6.2.3.2.d. above, and that any such sign shall have received a temporary sign permit from the Building Inspector. In the case only of common special events organized by a recognized association of businesses for which events a license has been granted by the Board of Selectmen, an individual participating business may display a temporary sign in conjunction with such an event, provided that such signs related to said events shall not exceed three per year. j. Farm Stands-and Garden Stands which do not have permanent windows shall be allowed, without permit or limitation as to number or material, to display temporary 43 signs identifying goods offered for sale on the premises, provided.that such signs are kept in good order and that the aggregate total sign area of all such signs on a lot shall not exceed one square-foot per lineal feet of frontage of such lot. Decorative noncommercial flags may be displayed for sale. k. Clocks, not to exceed eight square feet in surface area per side or twelve feet in height, are allowed, provided that they display no advertising or commercial material. Time and Temperature displays may be included in any free-standing or wall sign, and no more than twelve additional square feet of sign area may be added to the otherwise allowable sign area of such sign. 6,2.3.2.1. Signs in Business-A Zoning Districts: Free-Standing, wall, and projecting signs permitted in any Business-A Zoning District are specified in Table 6.2.3. and as follows: All internally illuminated signs shall have an opaque background or signboard such that illumination shows through only the lettering or graphics. A lot which contains not more than one establishment shall be allowed one free-standing sign or one wall sign or one projecting sign only; the street address number of the property shall be prominently displayed on such sign, and the sign shall in all respects conform to the above requirements. A lot which contains more than one establishment shall be allowed a maximum of the following signs, all of which shall in every respect conform to the requirements of this Section: a. One free-standing sign identifying the property, and b. One wall or projecting sign per business occupying the ground floor and front wall of the building, provided that a lot may contain only wall or only projecting signs, and c. One joint identification sign listing the names and logos of the establishments on the premises but containing no other advertising matter, mounted either on an appropriate building wall or on two posts, provided that such joint identification sign shall not exceed sixteen square feet in sign area, shall not exceed eight feet in height, and shall not be located within a front, side, or rear yard as required in Subsection 5.1.2, hereof. d. Either the allowed free-standing sign or, if no free-standing sign is used, then at least one wall or projecting sign, shall prominently display the street address number of the property. 6.2.3.2.2. Signs in Business-B Zoning Districts: No sign permit shall be issued for any permanent sign in the Business-B Zoning District without the sign having been granted a Certificate of Appropriateness (Subsection 6.2.4.). Wall and projecting signs permitted in any Business-B Zoning District are specified in Table 6.2.3. No lot may contain a mixture of wall signs and projecting signs, but shall contain either all wall signs or all projecting signs. No free-standing or Changeable Copy/Reader Board signs shall be permitted. Signs for properties containing more than one establishment: For a lot which contains more than one business, a Certificate of Appropriateness may be be granted for more than one sign, and a maximum of the following signs are allowed, all of which shall in every respect conform to the requirements of this Section: 44 a. One wall or projecting sign per business occupying the ground floor and front wall of the building, and b. One joint identification sign listing the names and logos of the establishments on the premises but containing no other advertising matter, mounted on the building wall immediately adjacent to the door leading to such establishments, provided that such joint identification sign shall not exceed four square feet in sign area, shall not exceed eight feet in height, and shall not be located so as to project beyond the property line. C. In addition to the signs allowed above, a building may contain one additional wall sign not to exceed four square feet in sign area and subject to the height limits specified for wall signs, provided that such sign shall only display the street address number of the property. The provisions of Subsection 6.2.2.4. to the contrary notwithstanding, wall signs or projecting signs may be placed on the wall of a building which directly faces a side street or a public off-street parking lot as if such wall were front wall of the building or a side wall directly facing the public street providing principal frontage for the lot as specified in said Subsection, provided that the sign area of any such sign shall not exceed half the sign area allowed for a sign located on the principal frontage of such building. Temporary signs of one square foot or less may be displayed without permit and without restriction on material or number in direct connection with goods offered on outside tables, bins, or racks during a sidewalk sale. 62323. Signs in Business-C Zoning Districts: No signs are permitted in any Business-C Zoning District except in accordance with the provisions of Paragraph 6.2.3.2.1., provided, however, that in addition to those signs allowed in said paragraph, a wall sign consisting only of the name and corporate logo of the principal occupant of a building located within eighteen hundred feet of the centerline of an Interstate Highway may be displayed between the top course of windows and the parapet of such building provided that sign area not exceed fifty percent of the surface area described by the tops of such windows, the parapet, and the wall corners, that letters and logo contained in or constituting such sign shall not exceed eight feet in height, that the lowest point of such sign shall not be closer than 48 feet above the ground immediately below, that such sign shall not be illuminated between the hours of 11:00 PM and sunrise, and that such sign shall be located on the building wall most directly facing said highway. 6.2.3.2.4. Signs in Industrial Zoning Districts: No signs are permitted in any Industrial Zoning District except in accordance with the provisions of Subsection 6.2.3.2.3. hereof, except that in connection with any Special Permit to Construct a Planned Unit Development (PUD) granted in accordance with Section 4.9. hereof, the Community Planning and Development Commission may, consistent with Subsection 6.2.1.1., allow modifications to any provision of this Section, and may allow one additional free-standing sign, not to exceed thirty-five feet in height or 144 square feet in sign area, in that portion of the PUD parcel's landscaped perimeter buffer area most closely adjacent to Route 128 but not closer than 500 feet from any other public street existing at the time of submission of a relevant Preliminary PUD Plan. 45