HomeMy WebLinkAbout1988-11-28 Special Town Meeting MinutesSPECIAL TOWN MEETING
Reading Memorial High School November 28, 1988
The meeting was called to order by the Moderator, Paul C.
Dustin, there being a quorum present.
The Invocation was given by Reverend Ronald St. Pierre of
St. Agnes Catholic Church, following by the Pledge of Allegiance
to the Flag.
On a point of personal privilege, Paul C. Dustin, presented
the following Resolution to Richard S. Dempster, Chairman of the
Reading Housing Authority. The Resolution was adopted by a un-
animous vote of the Town Meeting body.
RESOLUTION
Honoring
THE READING HOUSING AUTHORITY
Be it resolved by this Annual Town Meeting, November 28, 1988,
that:
WHEREAS the Reading Housing Authority was duly established by
Town Meeting vote in 1963; and
WHEREAS the Reading Housing Authority for the past twenty -five
years has faithfully served, with competence, respect and skill,
the housing needs of low- income elderly, people with special
needs, and families; and
WHEREAS the Reading Authority has met its responsibility with
great awareness, sensitivity and deep human concern for the basic
need of providing clean, safe and sanitary housing with equal op-
portunity for all; and
WHEREAS the Reading Housing Authority has met its respon-
sibility with great awareness, sensitivity and deep human concern
for the basic need of providing clean, safe and sanitary housing
with equal opportunity for all; and
WHEREAS the Reading Housing Authority has consistently sought
to provide affordable housing opportunities with varied programs
while seeking to maintain the character of the community;
NOW THEREFORE, We, the Town Meeting of the Town of Reading, ask
the citizens of Reading to join us in congratulating the Reading
Housing Authority on their Silver Jubilee and in saluting the
Authority for their dedicated stewardship. We extend the
gratitude and appreciation of this community and wish the
Authority continued success in the years to come.
Be it further resolved that a copy of this Resolution be spread
upon the records of this Meeting and that a copy of it, suitably
embossed with the Town Seal be presented to the Chairman of the
Reading Housing Authority.
Paul A. Dustin
Moderator
ARTICLE 1. On motion of Eugene R. Nigro, it was voted to
table Article 1.
ARTICLE 2. On motion of Eugene R. Nigro, it was voted to
table Article 2.
ARTICLE 3. On motion of Eugene R. Nigro, it was voted t h at
the Town appropriate from certified free cash to line 107
Unemployment Benefits the sum of $25,000 (Twenty -five Thousand
Dollars) in order to fund the unemployment expenses for the
REPORT TO SPECIAL TOWN MEETING ON
WARRANT ARTICLES 5-8
NOVEMBER 28, 1988
This is the report of the Community Planning and Development Commission,
(CPDC), given pursuant to law, on Warrant Articles 5-8 of the Special Town Meet-
ing of November 28, 1988. These Articles, if enacted by Town Meeting, will in-
stitute a Planned Residential Development Zoning by-law for application to Bear
Hill.
Under Article 30 of the Adjourned Annual Town Meeting of April 28, 1986,
Town Meeting authorized the Board of Selectmen,:ito sell approximately 10.2 acres
of land on Bear Hill "for the minimum amount of not less than the highest ap-
praised value obtained by the Board of Selectmen, or for a larger amount."
The Board of Selectmen, in late 1987, asked the CPDC to offer their input and
recommendations on the Bear Hill sale. The CPDC reviewed the existing apart-,
ment zoning by-laws and found them insufficient for addressing the Town's and
abuttors' concerns, ie, building height restrictions, control of runoff, traf-
fic impact mitigation, preservation of open space, and provision of low-or
moderate - income housing.
The Commission sought to develop a Planned Residential Development (PRD)
by-law that would address these short comings. This process began early last
spring, when the CPDC set the following goals for the PRD:
1) To ensure that the Bear Hill property is developed with the long-term needs
of both the Town and nearby residents and landowners in mind,.
2) To,ensure that the property is developed so as to minimize adverse
environmental financial, and other impacts upon the vicinity of
the site and upon the Town in general,
3) To maximize the proceeds,to the Town from the sale and taxation of the
land, subject to the above
4), To devise effective zoning review controls and criteria
Warrant Articles 5-8 (cont.) Page 2 of 2
The CPDC and the Town Planner gathered public input and prepared and re-
viewed the PRD by-law in a series of nine public meetings held on February 9,
March 7, August 8, August 22, August 30 (joint meeting with the Selectmen),
September 8, October 13, and October 31. The firm of Rizzo Associates was
hired by CPDC to perform a traffic accommodation study for the Bear Hill area.
The results of this study were discussed at the October 3 and 13 meetings. Town
Counselreviewed the by-law draft before it was placed on the warrant on November 1.
Pursuant to Sections 5 and 11, Chapter 40A of the General Laws, a public hearing
was posted and held on November 16, 1988, in the RMHS Lecture Hall at 7:30 p.m..
Over seventy citizens were present at the hearing. Concerns expressed by these
citizens centered primarily on the proposed density of the buildings on Bear Hill,
the amount of existing traffic on South Street, and the lack of sidewalks there.
Concerns were expressed by others that Town Meeting's mandate would not be ful-
filled if the density on Bear Hill were set too low.
In an attempt to address these disparate concerns, CPDC will propose the
following PRD development parameters in their motion under At-title 5, which cor-
responds to the revised text that was mailed to all Town meeting members just
before Thanksgiving:
1) The Base-Case Intensity (Section 4.10.4.3) allows up to 10 units per acre
(100 units, maximum) in buildings up to 4 stories (48 feet) high.
2) Provisions for Increased Development Intensity and Height (in return for
incentives, Section 4.10.4.3.1.) will allow up to 16 units per acre (160
units, maximum) in buildings up to 6 stories (72 feet) high, with the
additional stipulation that no more one-third the total number of units
shall be contained in buildings greater than 4 stories in height. This
guarantees a "tapered" series of building heights on the site. Some ad-
ditional "fine tuning" of the bylaw language, as suggested by the By-law
Committee last week, will also be incorporated into the main motion under
Article 5.
The CPDC voted to endorse Articles 5-8 as follows:
Article 5
(3-1)
Article 6
(4-0)
Article 7
(4-0)
Article 8
(4-0)
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READING PLANNED RESIDENTIAL DEVELOPMENT BY-LAW
4.10. Planned Residential Development (PRD)
4.10.1. Purpose:
The purpose of the Planned Residential District (PRD) is to
permit integrated high-quality residential developments with
variable densities while permitting preservation of open space
and natural features, allowing reduced infrastructure and site
development costs, to promote a greater diversity of housing op-
portunities within the Town while respecting and enhancing the
existing character of the Town and of the neighborhood, and to
promote attractive standards of appearance and aesthetics consis-
tent with that character.
4.10.2. Planned Residential District as an Overlay District:
A PRD Zoning District shall take the form of an overlay dis-
trict covering any part of an existing residential 5 -10 or A-80
Zoning District on the Reading zoning map. The PRD Zoning Dis-
trict shall be applied to a specific parcel or parcels only
through specific action by Town Meeting in a manner identical to
that required to effect any other change or amendment to the
Reading Zoning Map.
For any land subject to a PRD Overlay District a Developer
may choose to conform either to the zoning regulations which
govern the underlying district or to the PRD overlay regulations
and procedures set forth by this Section, the specific provisions
of which shall supersede all other provisions in the Zoning By-
Laws with respect to the underlying district including, without
limitation, use, intensity, dimensions, parking, signage and site
plan review; however, the provisions of any other overlay dis-
trict shall continue to apply.
4.10.2.1. Definitions:
The following terms shall have for the purposes of this PRD
By-Law the meanings hereby assigned to them:
Developer: one or more entities proposing together to develop a
Planned Residential Development parcel.
Existing: in existence at the time of filing a complete Prelimi-
nary PRD Plan submission.
Floor Area Ratio (or "FAR") : in a PRD, the ratio of total gross
building floor area in a PRD to the area of the development par-
cel. Gross floor area shall be measured from outside wall sur-
faces and shall include ground floor areas of interior atriums
and lobbies, and mechanical and utility spaces on habitable
floors; but shall exclude rooftop space, balconies, elevator
pits, or non-habitable areas enclosed by ornamental roofs.
Structured parking and garages shall not be counted in the deter-
mination' of Floor Area Ratio. Areas classified as wetlands in
MGL Chapter 131 Section 40 or Reading General By-Laws Article
Xxxii, may not exceed ten percent of the development parcel area
eligible to be used in any computation of FAR.
Height: the vertical distance from the average grade around the
perimeter of a building to the top of a flat roof, including any
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n—et or to a point halfway between the bottom of an eave and
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the top of a ridge of a sloped roof.
Major Street: a street used for through access and carrying traf-
fic volumes of greater than 10,000 vehicles per average day.
Minor Street: a street used primarily for access to abutting
properties or carrying traffic volumes of less than 10,000
vehicles per average day.
PRD By-Law: Section 4.10. of the Reading Zoning By-Laws including
all subsections thereof.
Site: the development parcel upon which a PRD is proposed.
Structured Parking: in a PRD, a parking garage, or all or part of
building floors above or below grade to be used for automobile
parking.
4.10.3. Special Permit for Planned Residential Development:
The Community Planning and Development Commission ( "CPDC"),
as the Special Permit Granting Authority, shall have the
authority to grant a Special Permit to construct a Planned
Residential Development (PRD) by a vote of at least four members
of the five-member CPDC. The CPDC shall evaluate proposed PRD
projects and require all such projects to conform to the Planned
Residential Development requirements, standards, and guidelines
set forth in sections 4.10.4. and 4.10.5. to ensure that the
benefits to the Town of a proposed project outweigh any adverse
impacts before granting a Special Permit. The CPDC shall adopt
and from time to time may amend regulations for the review of PRD
Developments and for the submission of PRD Plans as provided in
MGL Chapter 40A Section 9.
The CPDC shall interpret all provisions of this PRD By-Law
and all definitions and regulations pertinent thereto and shall
provide such interpretations upon request by an applicant for a
Special Permit to construct a PRD.
4.10.3.1. Overview of Special Permit Process;
A Developer choosing to develop a PRD in a PRD Overlay Dis-
trict shall apply for a Special Permit with the CPDC. The Spe-
cial Permit Process shall include:
-Pre-Application Conference (optional)
-Preliminary PRD Plan Review
-Final PRD Plan Review
4.10.3.2. Pre-application Conference:
Prior to the submission of an application for a Special Per-
mit, the Developer at his/her option may confer with the CPDC
and/or its staff and other applicable Town staff to obtain infor-
mation and guidance before entering into binding commitments or
incurring substantial expense in the preparation of plans and
other submittal documents.
At the Pre-application Conference the CPDC, its repre-
sentatives, and other appropriate Town officials may discuss with
the Developer the Developer's intentions, development concept and
options, and CPDC's requirements with respect to the proposed
PRD; such discussions may include the PRD application and review
process, issues and scope of relevant studies that should be con-
sidered in planning the project, including specific submission
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items such as appropriate vantage points for visual analysis and
the extent of the traffic study area.
Any statement made at the Pre-application Conference by the
CPDC, its representatives, Town staff, or the Developer concern-
ing the potential disposition of a Special Permit application or
the final form of the development shall not be legally binding.
4.10.3.3. Preliminary Plan:
A Developer who wishes to apply for a Special Permit to con-
struct a PRD shall submit to the CPDC an application including a
Preliminary PRD Plan submission for the entire proposed project.
If the Developer of the PRD comprises more than one entity, all
participating entities shall be signatories to the Special Permit
application.
Two copies of the Preliminary PRD Plan shall remain avail-
able to the public during the application process and shall be
located in the office of the Community Development Department and
the Reading Public Library. Any three-dimensional model of the
proposed project as may be required in the CPDC's regulations
shall be displayed at a suitable public building within the Town.
4.10.3.3.1. Application for Preliminary Approval:
The Preliminary PRD Plan shall include complete sets of
written, quantitive, and graphic materials in the appropriate
number according to the PRD Plan Submission and Development
Regulations duly adopted by the CPDC and in effect at the time of
submission. The official date of application shall be filed with
the Town Clerk only after all materials have been received and
certified complete by the CPDC or its authorized agent. Such
certification of completeness or denial shall take place within
ten calendar days of receipt of the application..
4.10.3.3..2.- 'Submission Fee:
The CPDC shall require a submission fee sufficient to cover
consultant fees and any other costs associated with reviewing and
processing the required PRD submissions. The fee amounts shall
be as specified in the CPDC's "Fee Schedule for Site Plan Review
Process" or in a fee schedule for PRD review specifically adopted
and amended by CPDC from time to time.
4.10.3.3.3. Contents of Preliminary PRD Plan Submission:
All Preliminary PRD Plan submissions shall be made in con-
formance with said PRD Plan Submission and Development Regula-
tions in effect at the time of preliminary submission.
4.10.3.3.4. Town Review:
Between the date a Developer submits a complete application
for a Special Permit to construct a PRD and the date of the first
Public Hearing, CPDC may require the distribution of the Prelimi-
nary PRD Plan for review to Town departments, elected and ap-
pointed boards and commissions, and such professional planning,
architectural, and engineering consultants as the CPDC deems ap-
propriate. All comments on the Preliminary PRD Plan shall be
submitted in writing to the CPDC no later than five days before
the scheduled date of the first Public Hearing. All written com-
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ments, shall be made part of the public record on the application
for a Special Permit and shall remain a public record.
4-10.3-3-5. Public Hearing on Preliminary Plan:
Within sixty-five days of the date of the filing with the
Town Clerk of an application that has been certified as complete
in accordance with section 4.10.3.3.1. of this By-Law, the CPDC
shall hold a Public Hearing. The purpose of the Public Hearing
shall be to solicit public comments concerning the Preliminary
PRD Plan.
4.10.3.3.6. Action on Preliminary Plan:
Within twenty-one days after the close of said Public Hear-
ing, the CPDC shall make a determination concerning the Prelimi-
nary PRD Plan. If the CPDC approves the Preliminary PRD Plan or
conditionally approves it subject to modifications, then the
Developer shall submit a Final PRD Plan, as specified in section
4.10.3.3.8. If the CPDC disapproves the Preliminary PRD Plan,
then the application for the Special Permit shall be denied, and
the CPDC shall state in writing its reasons for such disapproval.
If the CPDC makes no decision within the specified time limit,
then the Preliminary PRD Plan shall be considered approved, and
the Developer may prepare a Final PRD Plan based thereon.
4.10.3.3.7. Public Improvements Compensation:
When reviewing a Developer's Preliminary PRD Plan, the CPDC
shall analyze the proposed PRD to determine what if any extraor-
dinary public improvements, including off-site improvements, are
necessary to accommodate or service the project. The Developer
shall be required by the CPDC to provide such improvements at no
cost to the Town, or alternatively; to offset completely the ex-
pense of such improvements if provided by the Town; in the latter
case, the CPDC shall estimate the costs of these improvements to
be borne by the Developer based on, estimates furnished to the
CPDC by an engineering consultant to the CPDC and/or by the
Director of the Reading Department of Public Works.
4.10.3.3.8. Submission of Final Plan:
The Final PRD Plan shall be a definitive plan of the
proposed development with design sufficiently developed to
provide the basis for CPDC's review and determinations regarding
the proposal's satisfaction of the requirements, standards, and
guidelines of this PRD By-Law, and shall conform to the submis-
sion and content requirements specified in sections 4.10.3.3.3.
and 4.10.3.3.9. The Final Plan shall be consistent with the ap-
proved Preliminary PRD Plan except for changes by amendment or in
accordance with conditions attached to the CPDC's approval of the
Preliminary PRD Plan, and shall satisfy all such conditions. The
Developer shall submit a Final PRD Plan no later than 59 days
after the close of the Public Hearing referred to in section
4.10,,3.3.5. Failure to submit the Final PRD Plan within the
specified time period shall result in a termination of the ap-
plication for a PRD Special Permit.
The Developer shall submit complete sets of all plans and
all accompanying material as specified in subsection 4.10.3.3.9.
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in accordance with the procedure set forth in section 4.10.3.3.
Two copies of the Final PRD Plan shall remain available to the
public during the application process and shall be located in the
office of the Community Development Department and in the Reading
Public Library.
Any three-dimensional model of the proposed project as may
be required in CPDCls regulations shall be displayed in a
suitable public building within the Town.
4.10.3.3.9. Contents of Final PRD Plan submission:
All Final PRD Plan submissions shall be made in conformance
with said PRD Plan Submission and Development Regulations in ef-
fect at the time of final submission.
4.10.3.3.10. Amendments:
Additions or amendments to the approved Preliminary PRD Plan
shall be determined solely by CPDC as either major or minor as
defined below. The CPDC shall have the entire, exclusive, and
final discretion to determine whether a proposed change con-
stitutes a minor or a major amendment, and its decision shall be
conclusive. Minor additions or amendments shall be authorized by
written approval of the CPDC.
Major additions or amendments shall be considered as
original items to the Preliminary PRD Plan application and shall
be grounds for reconsideration of the approved Preliminary PRD
Plan and shall be reviewed subject to the procedures specified in
sections 4.10.3.3.1. to 4.10.3.3.6. inclusive. Denial of a major
addition or amendment shall not .constitute disapproval or
modification of the previously approved Preliminary PRD Plan.
4.10.3.3.10.1. Minor Amendments:
Minor amendments are additions or changes which do not, in
the determination of the CPDC, substantially alter the-concept'of
the PRD, as reflected in the approved Preliminary or Final PRD
Plan, as appropriate, in terms of floor area ratio, use, height,
provision of open space, or layout or other physical relation-
ships of the elements of the development. Minor amendments shall
include, but not necessarily be limited to, the following: small
changes in floor area, site coverage, height, setbacks, or open
space; small changes in the location of buildings, open space, or
parking; or small changes in the alignment of minor streets and
ways on the site.
4.10.3.3.10.2. Major Amendments:
Major amendments represent substantial additions, deletions,
or deviations, as determined by the CPDC, from the PRD concept as
previously approved by the CPDC. Major amendments shall include,
but not necessarily be limited to, the following: large changes
in floor area,. site coverage, height, setbacks, or open space;
large changes in the. location of buildings, open space, or
parking; or large changes in the circulation system, including
number and location of access ways. .
4.10.3.3.11. Public Hearing and Decision on Final Plan:
Within sixty-nine days after the close of the Public Hearing
5
referred to in section 4.10.3.3.5., the CPDC shall hold a Public
Hearing to consider issuance of a special Permit to construct a
PRD in accordance with the Final PRD-Plan. Approval of the Spe-
cial Permit shall be granted upon determination by the CPDC that
the Final PRD Plan conforms with and meets the requirements,
standards, and guidelines set forth in this PRD By-Law in a man-
ner consistent with the approved Preliminary PRD Plan, and con-
tains all revisions required by the CPDC in its conditional ap-
proval of said Plan. The CPDC may grant the Special Permit with
conditions consistent with its approval of the Preliminary PRD
Plan, and the conditions shall be agreed to in writing by the
Developer before the Special Permit is granted. If not granting
a Special Permit to construct a PRD, the CPDC shall make its
final decision in writing and shall specify its reasons for
denial. If CPDC makes no decision within ninety days after the
close of the Public Hearing referred to in section 4.10.3.3.5.,
then the Final PRD Plan shall be considered approved and the Spe-
cial Permit- to construct a PRD in accordance with the submitted
Final PRD Plan shall be deemed granted.
4.10.3.3.12. Amendments to Final Plan:
After approval by the ' CPDC of the Special Permit to con-
struct a PRD, the Developer may seek amendments to the Final PRD
Plan. Such amendments shall be determined solely by the CPDC to
be minor or major. Minor amendmentsi as defined in section
4.10.3.3.10.1., shall be authorized by written approval of the
CPDC. Major amendments, as defined in section 4.10.3.3.10.2.,
shall be grounds for reconsideration of the Special Permit to
construct a PRD and shall be reviewed as if it were an entirely
new PRD Plan, that is, in accordance with the procedures
specified in sections 4.10.3.3.1 to 4.10.3.3.11. inclusive.
Denial of any proposed major amendment shall not invalidate the
Special Permit to construct a PRD in conformance with the pre-
viously approved Final PRD Plan.
4.10.3.3.13. Development Schedule:
The Developer shall begin construction of the PRD within
twenty-four months of the date of the granting of the Special
Permit (or, if applicable, following appeal as provided in MGL
Chapter 40A, Section 9) in reasonable conformance, as defined
solely by the CPDC, with the development schedule submitted with
the Final PRD Plan. The CPDC shall grant in writing an extension
of this time period of up to an additional twenty-four months
upon determination by CPDC of good cause. If the Developer fails
to commence construction of the PRD within twenty-four months
plus any approved extension period, the Special Permit shall
lapse and be deemed null and void.
4.10.3.3.14. Phased Development:
If a phased development is proposed by the Developer, the
Final PRD Plan shall contain all required written, quantitative,
and graphic information as specified in Section 4.10.3.3.9. for
evaluating the proposed PRD as a whole and to serve as a basis
for granting the Special Permit, plus a final development
schedule for the completion of the PRD indicating the proposed
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dates and scope of work to be accomplished in each phase. Site
improvements may be phased only in conformity with the phasing
schedule included in the approved Final PRD Plan, and only to the
extent that all requirements, standards, and guidelines of this
PRD By-Law are met in each phase. The initial phase shall in-
clude at a minimum the on-site and off-site improvements neces-
sary for one or more buildings and may, at the Developer's op-
tion, include one or more buildings.
Deviations, deletions, additions, or changes from or to the
approved Final PRD Plan in any phase shall be designated a minor
or major amendment, as defined in sections 4.10.3.3.10.1 and
4.10.3.3.10.2., to the Final PRD Plan by the CPDC and treated as
such in accordance with section 4.10.3.3.12.
If the PRD is to be developed in phases, the Developer shall
begin the construction of each phase in accordance with the ap-
proved development and phasing schedule; however, the CPDC shall
grant additional extensions in the timing of phases for up to
twenty-four months each as minor amendments to the Final PRD
Plan, upon the CPDC's determination of good cause. If the
Developer fails to commence construction of a PRD phase within
the specified time limit for that phase, including any approved
extension period, said failure shall be deemed a major amendment
to the Final PRD Plan, and the phase at issue and all subsequent
phases which depend upon said phase for their construction and
operation in conformance with the Final PRD Plan shall be reap-
proved in accordance with section 4.10.3.3.12.
4.10.3.3.15. Conformity with PRD Plan and Special Permit:
The CPDC shall include as a condition to all Special Permits
granted for the construction of PRD's that no construction of a
PRD or any phase thereof may be authorized until the CPDC has w
reviewed and approved a Design Submission for work to be done.
The Design"-Submission shall include architectural, site, and
landscape design documents, sufficiently developed, as determined
by the CPDC, to permit review of conformance to the Final PRD
Plan and Special Permit conditions,: in accordance with the PRD
Plan Submission Regulations established by the CPDC. If deemed
necessary by the CPDC, a Public Hearing may be held for.the
review of any Design Submission. Design Submissions shall be
reviewed by the CPDC solely for conformity with the Final PRD
Plan, with Special Permit conditions, and, only to the extent not
already reviewed and approved, with the requirements, standards,
and guidelines applicable to the construction of the phase in
question. If the CPDC makes no decision upon a Design Submission
within ninety days of its positive determination as to the suf-
ficiency and completeness of the Design Submission, said Special
Permit condition shall be deemed to be satisfied regarding said
PRD or phase thereof.
The CPDC shall adopt regulations or impose conditions as
part of a Final PRD Plan approval requiring one or more of the
foll9wing in amounts and durations sufficient to guarantee that
all commitments in the approved PRD Plan to provide public im-
provements or to take other actions are properly completed: per-
formance bonds, deposit of money or negotiable securities with
the Town, or a satisfactory agreement with a lending institution
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to retain funds pending completion of such improvements or ac-
tions.
If, for any PRD or phase thereof, the CPDC finds that either
the Developer has failed to begin development within the
specified time period, including any approved extension period,
or that the Developer is not proceding in conformity with the
Special Permit, then the CPDC may, after sixty days from written
notice (and any additional period which the CPDC may deem neces-
sary so as to provide the Developer reasonable opportunity to
cure any deficiencies), revoke the Special Permit as it applies
to the phase of construction at issue, and /or require that the
Developer amend the Final PRD Plan subject to the procedures
specified in section 4.10.3.3.12. If the CPDC revokes the Spe-
cial Permit for the PRD then the Final PRD Plan shall be null and
void as it applies to the phase of construction at issue and all
subsequent phases which depend upon said phase for their con-
struction or operation in conformance with the Final PRD Plan.
The provisions of this paragraph are additional to the Reading
Zoning Enforcement Officer's powers of enforcement under the
Reading Zoning By -Laws and Massachusetts State Law.
Upon satisfaction of all applicable Special Permit condi-
tions, the CPDC shall issue. a Certificate of Compliance for one
or,.more PRD phases as appropriate. No Certificate of Occupancy
shall be issued for a given PRD phase until a Certificate of Com-
pliance has been so issued.
4.10.4. Use and Dimensional Requirements:
The following specifies the basic use and dimensional
requirements which shall be adhered to in all PRD developments
within each PRD Overlay District and which shall be used by CPDC
in evaluating each PRD proposal:
4.10.4.1. Parcel Size:
The minimum size of any PRD development parcel shall be
eight (8) acres. A development parcel may consist of land in
more than one ownership, provided that all lots comprising the
parcel lie entirely within a PRD Overlay District and are con-
tiguous. Proposed PRD developments may include pre- existing
buildings provided that all PRD requirements are satisfied by
each new or existing building and by the PRD as a whole. More
than one principal building may be located on the parcel.
4.10.4.2. Permitted Uses:
Only residential uses, parking (including structured
parking) to accommodate this use, and open space are permitted
within a PRD, with the exception that a common facility for use
by the residents of the PRD and their guests exclusively may be
provided for the following uses:
- indoor meeting, social, activity, or recreational rooms,
\- common dining and kitchen,
- office only for the administration of the PRD,
- maintenance, storage, and recreational facilities or spaces
solely for servicing the PRD.
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4.10.4.2.1. Required Low- and Moderate-Income Housing:
Any PRD development shall contain or provide off-site in a
manner acceptable to the Reading Housing Authority a minimum of
ten percent of its total units (both on-site and off-site) affor-
dable to,low-income, moderate - income, or elderly households in
perpetuity.
4.10.4.3. Intensity of Development:
For all PRD developments, the following basic intensity
factors shall apply:
-maximum coverage of the parcel by the aggregate ground area
of all buildings: 25%
-maximum floor area ratio: 0.40
-minimum separation between buildings: equal to the height
of the taller building but in no case less than 40 feet
-maximum building height: 48 feet, not to exceed four
stories
-minimum setbacks as measured between bounds of the parcel
and any portion of any building or structure: 60 feet• in
all directions
-parking: 1.75 spaces per residential unit, except that an
enclosed garage for an ' individual residential unit may count
as one required parking space and a driveway for an in-
dividual residential unit may count as one required parking
space provided said driveway has minimum dimensions of 10
feet by 20 feet
-loading and unloading: one space per building, except that
CPDC at its discretion and in accordance with section
4.10.5.4. may allow fewer spaces
-maximum number of dwelling units per gross area of land
contained within the parcel shall be based upon the underly-
ing zoning district as follows:
-S-10 and A-80: 10 dwelling units per gross acre, with -
the additional limitation that no PRD development may con-
tain more than 100 residential units.
4.10.4.3.1. Increased Development Intensity and Height:
The basic intensity and height factors specified in section
4.10.4.3. may be increased up to the following levels if the CPDC
finds that a proposed provision of public improvements or
amenities by the Developer would result in substantial benefit to
the Town and the general public:
-maximum floor area ratio: 0.65
-maximum building height: 72 feet, not to exceed six
stories, except that not more than one-third of the total
number of any PRD development's residential units may be
contained in a building or buildings greater than 48 feet in
height
-maximum number of dwelling units per gross acre of land
contained within the parcel, based on the underlying zoning
\district:
-S-10 and A-80: 16 dwelling units per gross acre, with
the additional limitation that no PRD development may con-
tain more than 160 residential units.
P;
The aforementioned improvements or amenities which CPDC may
consider in granting some amount of increased intensity and
height shall include one or more of the following, provided that,
in the estimation of the CPDC, the benefit to be derived from the
proposed improvements or amenities shall be commensurate with the
amount of increased intensity or height allowed:
-significant improvement of the environmental quality or
condition of the site and its surrounding areas, including a
decrease in runoff,
-provision of or contribution to off-site public facility
improvements beyond those necessary to mitigate the effects
of the proposed development which improvements would enhance
the general condition of the surrounding areas,
-dedication of open space or recreational facilities for use
by the general public,
-active cooperation by the Developer with other owners in
the vicinity to develop and achieve district-wide and ad-
jacent neighborhood improvement goals and objectives,
-provision of public art, distinctive and appropriate
design, or other amenities which would provide unique advan-
tages to the general public or contribute to achieving Town-
wide goals and objectives,
-provision of low- or moderate-income or elderly housing
within the PRD in conformance with this PRD By-Law and/or
off-site in a manner acceptable to the Reading Housing
Authority in excess of the amount required in section
4.10.4.2.1.
4.10.5. Development Standards:
All PRD developments shall conform to the following develop-
ment standards:
.4.10.5.1. Screening:
Within the required setbacks, landscaping shall be provided
96 as to provide effective screening of the PRD from visibility
from abutting properties. To the greatest extent practical, ex-
isting natural vegetation shall be preserved and enhanced. Ex-
cept as necessary for vehicular access, natural grades and con-
tours within these setbacks shall not be altered in any manner,
and' no parking, loading and unloading space, or any other physi-
cal improvement shall be made. All plantings shall be properly
installed and maintained.
4.10.5.2. Shadows:
Between 9 AM and 3 PM (EST) from February 21 to October 21,
no building may cast a shadow on any residential structure in ex-
istence at the time of Preliminary PRD Plan submission.
4.10.5.3. Open Space:
A minimum of 40% of the PRD parcel shall be devoted to open
space, completely devoid of any structure, or parking, loading
and unloading space or accessway thereto, or as private yards,
patios, or gardens for the exclusive or principal use by resi-
dents of individual dwelling units. To the greatest extent pos-
sible such open space shall be left in its undisturbed natural
M
condition or developed so as to be appropriate, in size, shape,
dimension, location, and character to ' assure its use as a park,
recreational area, and visual amenity for the development and its
residents.
In evaluating the suitability and quality of the open space
proposed to be provided, the CPDC shall apply the following
standards:
-Usability: other than wetlands, floodplains, and water
bodies, including the normal water surface area of detention
ponds, which may count for up to twenty-five percent of a
PRD project's required open space area, all open space must
have a surface which is adequately drained and permits ac-
tive and passive recreational use. Such surface may include
any combination of grass, plant materials, wood, or paving
materials which allow pedestrian and recreational use. No
open space shall be considered usable if the slope of the
finished grade exceeds ten percent.
-Location: the nearest part of the open space shall not be
more than 300 feet walking distance from the nearest point
of any building it is proposed to serve.
-Size and shape: no open space shall be considered usable
unless it has a minimum area of 1000 square feet and no
dimension less than twenty-five feet.
-Structures and facilities: all usable open space shall be
open to the sky, and may include unroofed facilities such as
tennis courts, swimming pools, or similar recreational
facilities.
4.10.5.4. Site Circulation and Parking:
Site circulation shall meet accepted standards for private
automobiles, service vehicles, and emergency vehicles. It is
highly desirable to consolidate access to a PRD in a small number
of widely spaced principal access points, which may be driveways
or Town-accepted side streets within or adjacent to the PRD Over-
lay District. Principal access should be consolidated in as few
locations as possible and, if feasible, it is desirable for ad-
jacent developments to share principal access. Principal access
points should be spaced and aligned or alternated according to
good traffic engineering practice, and should be signalized if
necessary.
Parking stall size shall be in accordance with the Reading
Zoning By-Laws and shall be landscaped in accordance with section
4.10.5.5.5. A minimum of five percent of the gross area of each
parking lot shall be devoted to interior landscaped areas, of as
uniform a distribution as practicable throughout the parking lots
and planted intensively with trees and taller shrubs.
Roadways and drives within a PRD shall be constructed in
conformance with standards established by the Reading Department
of Public Works, whether to be dedicated to the public or to be
retained in private ownership. The design of the overall cir-
culation pattern shall be prepared in accordance with the prin-
ciples and concepts established in "Recommended Practices for
Subdivision Streets" prepared by the Institute of Traffic En-
gineers (1965) or such other standard as accepted by the CPDC
through duly adopted regulation.
M
All on-site and off-site improvements, which include the in-
stallation of utilities, public lighting, sewers, and other
public improvements shall be constructed in accordance with the
standards of the Reading Department of Public Works and other ap-
propriate departments.
The provisions of section 6.1. of the Reading Zoning By-Laws
notwithstanding, a minimum of one off-street loading and unload-
ing space per building shall be provided in a suitable location,
and the- determination as to whether any lesser number of off-
street loading and unloading spaces ,are allowed shall be deter-
mined by the CPDC as part of its review and approval of the
Preliminary PRD Plan.
4.10.5.5. Design Quality:
Project design shall be reviewed by CPDC with input from
Town officials, any review consultant(s) employed by the CPDC,
and others as appropriate. The following in this section are to
be interpreted as guidelines to be applied flexibly by the CPDC
and as appropriate to the situation under review, including f ' ac-
tors such as foundation and soil characteristics and other ex-
traordinary site constraints. These guidelines apply to all site
improvements and buildings and structures:
4.10.5.5.1. Building Placement:
-Provide and preserve attractive views from major vantage
points, especially from major thoroughfares and residential
neighborhoods,
-Avoid regular spacings and building placements that will be
viewed as continuous walls from important vantage points,
which may be identified in a PRD Pre-Application Conference.
4.10.5.5.2. Building Massing/Articulation:
-Avoid unbroken building facades longer than 100 feet,
-Provide human-scale features, especially at lower levels,
-Avoid unarticulated and monotonous building facades and
window placement.
4.10.5.5.3. Roofline Articulation:
-provide a variety of building
articulation,
-Locate taller buildings away
site single-family residential
heights and varied roofline
from major streets and off-
areas.
4.10.5.5.4. Building Materials:
-Use materials and building treatments that reduce the
visibility of buildings from distant vantage points and that
are compatible with backgrounds and surroundings,
-Use materials and colors compatible with other quality
buildings of similar scale in the vicinity.
4.10.\5.5.5. Landscaping:
-All open areas within a PRD should be landscaped in an ap-
propriate manner, utilizing both natural and man-made
materials such as grass, trees, shrubs, attractive paving
materials and outdoor furniture-,
12
- Deciduous trees should be placed along new and existing
streets and ways,
- Outdoor lighting should be considered in the landscaping
plan and should be designed to complement both man -made and
natural elements of the PRD and adjacent areas,
- Intensive, high - quality landscaping should be provided
within the PRD where it abuts major streets, existing
residential areas, and along internal drives,
- Parking lots should use landscaping and terracing to break
up large areas of pavement and to enhance a residential
flavor and appearance; trees and shrubs should be used to
the maximum extent feasible.
4.10.5.5.6. Pedestrian Amenities:
- Emphasize pedestrian- oriented features such as covered
walkways, pergolas, outdoor sitting plazas, landscaped open
space, drop -off areas, and recreational facilities,
- Tree -lined or otherwise appropriately landscaped pedestrian
paths and walkways should link together areas designated as
open space within the site and wherever possible to adjoin-
ing public areas.
4.10.5.5.7. Utilities:
. -To the maximum extent feasible, all utilities should be lo-
cated underground.
4.10.5.6. Signage:
-At each principal entrance to the site, one sign only shall
be permitted, of a maximum signboard area of twelve (12)
square feet, with content limited to identifying the name
and address of the development. Within. the development,
signs, not to exceed one- square -foot each, of a number and
location to be approved as part of the PRD Plans, may be
permitted for the sole purposes of orientation and direc-
tion, and of identifying common building spaces.
4.10.5.7. Environmental Standards and General Development
Guidelines:
In addition to conforming to the Use and Dimensional
Requirements governing PRD Overlay Districts, approval of the
Special Permit to construct a PRD shall be granted only upon
determination by the CPDC that a proposed PRD satisfies the fol-
lowing criteria. In any disapproval of a PRD, the CPDC shall
state in writing the specific reasons for its finding that the
proposed PRD does not satisfy one or more of these criteria.
Mitigation measures proposed by the Developer, at no cost to the
Town, shall be considered in making these determinations.
(1) That the proposed PRD conforms as appropriate to exist-
ing policy plans established by the Town Meeting, the Board
,of Selectmen, and the CPDC for the specific area of the Town
in which the PRD is proposed to be located;
(2) That there is no significant adverse effect under any of
the following:
(a) quality of site design, building design, and
13
landscaping as they affect occupants of the proposed
development, the PRD Overlay District, adjacent
residential districts, and the Town as a whole,
(b) traffic flow and safety in the context of this and
other proposed developments in the PRD Overlay District
and sensitive neighboring areas, which may be iden-
tified in the scope of a State Environmental Impact
Report and/or in a Pre-Application Conference,
(c) water quality, air quality, wetlands, and the
natural environment,
(d) provision of open space,
(e) adequacy of utilities and other public works and
impact on existing public facilities within the Town,
and
(f) potential fiscal impact to the Town of Reading.
(3) That approval of the proposed PRD provides benefits to
the Town which outweigh all adverse effects, as evaluated
under the above criteria.
4.10.5.7.1 Environmental Standards: .
A PRD shall conform in each phase to all applicable federal,
state, and local laws and regulations (including all such regula-
tions established by the U.S. Environmental Protection Agency and
the Massachusetts Department of Environmental Quality
Engineering) regarding the environment, including those concern-
ing noise, air quality, wetlands, water quality, runoff and ero-
sion control, and protection from flooding.
4.10.5 7.2. Significant Traffic Impact:
& CPDC may not approve a proposed PRD development which in
its opinion has significant adverse traffic impact, as determined
following examination by the CPDC of the Developer's traffic
analysis and any other traffic analysis of the affected area
available to the CPDC which is germane to the proposed PRD
development. In making its determination, the CPDC shall con-
sider the feasibility of any capacity improvements and mitigating
measures proposed to be provided by the Developer at no cost to
the Town. In making such determinations, the full traffic impact
of all other Preliminary or Final PRD Plans shall be considered,
regardless of project phasing. Without limitation, the deter-
mination of significant adverse impact shall consider traffic
volumes, speeds, affect on pedestrian safety and access, and
resulting levels of service on residential streets, approaches to
the site of the proposed PRD, and other key locations, all of
which may be identified in a Pre-Application conference.
4.10.5.7.3. Control of Runoff and Flooding:
The Developer shall demonstrate that, as compared with the
situation that would exist on the site without the development,
no phase of the proposed PRD will result in an increase in the
peak rate of storm runoff at the parcel boundary for the PRD as a
whole for the 25-, 50-, and 100-year design storms, and that
there will be no net loss in flood storage capacity for the 100 -
year design storm. In making such determinations, any state or
local orders or requirements of applicable Wetlands Protection
14
Laws or By-Laws shall be assumed in the calculations of runoff
and flood storage without the PRD, but alternative forms of
development shall not be assumed.
In addition, the Developer will demonstrate that any adverse
existing off-site runoff and erosion conditions or off-site
runoff and erosion conditions which would result from the
development of the PRD are fully identified and that workable and
acceptable mitigation measures are proposed as part of the
Preliminary and Final PRD Plans.
To assist in its evaluation of any PRD Plans, the CPDC may
require the Developer to submit said plans to the Reading Conser-
vation Commission for review and recommendations to the CPDC.
4.10.6. Residents Association:
In order to ensure that common open space and common
facilities within the development will' be properly maintained,
each PRD development shall have a Residents Association, which
shall be in the form of a corporation, non-profit organization,
or trust, established in accordance with appropriate state law by
a suitable legal instrument or instruments recorded at the Mid-
dlesex South Registry of Deeds or Registry District of the Land
Court. As part of the Final PRD Plan submission, the Developer
shall supply to the CPDC copies of such proposed instrument,
which shall at a minimum provide the information required by said
PRD Plan Submission and Development Regulations in effect at the
time of Final PRD Plan submission.
15
Special Town Meeting. November 28, 1988
Dollars) in order to fund the unemployment expenses for the
remainder of FY89.
ARTICLE 4. On motion of Russell T. Graham, it was voted
that the Town appropriate from certified free cash to line 4 Con-
servation Division Non - Personal Expense the sum of $3,000 (Three
Thousand Dollars) in order to fund consulting expenses.
ARTICLE 1. On'motion of Eugene R. Nigro, it was'voted to
take Article 1 from the table.
ARTICLE 1. The attached report of Daniel A. Ensminger,
Chairman of the Community Planning and Development Commission,
was accepted as a Report of Progress.
ARTICLE 1. On motion of Eugene R. Nigro, it was voted to
lay Article 1 on the table.
ARTICLE 5. On motion of Daniel A. Ensminger as amended by
Daniel A. Ensminger as part of the main motion, it was voted that
the Town of Reading amend the Reading Zoning By -Laws by inserting
as Section 4.10. the attached text of said Section set forth in
"Reading Planned Residential Development By -Law, dated November
1, 1988," as amended by the Community Planning and Development
Commission, November 16, 1988," copies of which have been dis-
tributed to all Town Meeting Members and made available for
public inspection.
Amended, as follows:
4.10.3.3.1. Insert the last sentence at the end of 4.10.3.3.1.
"Application for Preliminary Approval," as follows"
"...agent. 'Such certification of completeness or denial shall
take place within ten calendar days of receipt of the applica-
tion."'
4.10.5.3. Insert the phrase "...from the nearest point of..."
within Section 4.10.5.3., "Location" as follows:
"Location: the nearest part of the open space shall not be more
than 300 feet walking distance from the nearest point of any
building it is proposed to serve."
101 voted in the affirmative
20 voted in the negative
2/3 vote required
On motion of Eugene R. Nigro, it was voted that this Special
Town Meeting stand adjourned to meet at 8:00 P.M. on Thursday,
December 1, 1988 in the Reading Memorial High School Auditorium.
Meeting adjourned 10:50 P.M.
111 Town Meeting members were present.
A true copy. Attest:
&h,c, L - jatzasl 0'_ I
Doris M. Fantasia
Town Clerk
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