HomeMy WebLinkAbout2007-12-10 Special Town Meeting Warrant ReportSPECIAL TOWN MEETING
DECEMBER 109 2007
TABLE OF CONTENTS
Article
Title
Sponsor
Page #
2
1
Reports
Board of Selectmen
Instructions
Board of Selectmen
2
2
3
3
Amend Capital improvements Program
Board of Selectmen
FY 2008 - FY 2018
4
Amend Zoning By-Laws by adding new
CPDC
4
Section 4.11 entitled Gateway Smart Growth
District
5
Amend Zoning By-Laws:
CPDC
35
Amend Section 2.0 by adding Senior
Independent Living
Amend Section 4.2.2 Table of Uses
Amend Section 5.3.1.4 by adding new sub-
section 5.3.1.4.d
Amend Section 5.3.1.4 by adding new sub-
section 5.3.1.4.e
Amend Section 6.1.1.3 Off Street Parking and
Loading/Unloading Requirements
Amend Section 4.3.3 Site Plan Review by
adding new Section 4.3.3.12.3
Amend Zoning Map
APPENDIX
41
Conduct of Town Meeting
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, 1, on Npvember 14, 2007 notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the
place and at the time specified by posting attested copies of this Town Meeting Warrant
in the following public places within the Town of Reading:
Precinct 1 J. Warren Kiliam School, 333 Charles Street
Precinct 2 Registry of Motor Vehicles, 275 Salem Street
Precinct 3 -Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Mobil on the Run, 1330 Main Street
The date'of posting being not less than fourteen (14) days prior to December 10, 2007,
the date set for the Special Town Meeting in- this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue Of November 23, 2007.
A true copy. Attest:
.0,qeryl A ohnson, T7 -h —Clerk
I
'-A Fan`.'K Ulrich, Constable
SPECIAL TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland
Road in said Reading, on Monday, December 10, 2007, at seven-thirty o'clock in the
evening, at which time and place the following articles are to be acted upon and
determined exclusively by Town Meeting Members in accordance with the provisions of
the Reading Home Rule Charter.
ARTICLE 1 To hear and act on the reports of the *Board of Selectmen, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town
Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Conservation Commission, Town
Manager and any other Board or Special Committee.
Board of Selectmen
Background: This Article appears on the Warrant for all Town Meetings. No reports
are anticipated.
Finance Committee Report* No report.
Bylaw Committee Report: No report.
ARTICLE 2 To choose all other necessary Town Officers and Special
Committees and determine what instructions shall be given Town Officers and Special
Committees, and to see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of funding Town Officers
and Special Committees to carry out the instructions given to them, or take any other
action with respect thereto.
Board of Selectmen
Background: This Article appears on the Warrant of all Town Meetings. There are no
known Instructional Motions at this time. Instructional Motions are normally held until the
end of all other business at Town Meeting.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
N
ARTICLE 3 To see if the Town will vote to amend the FY 2008 — FY 2018,
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
Background: This Article is included in every Town Meeting Warrant. Town Bylaw
prohibits Town Meeting from approving any Capital Expenditure unless the project is
included in the Town's Capital Improvements Plan. There is no expected amendment to
the Capital Improvements Program anticipated in this Town Meeting.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 4 To see if the Town of Reading will* vote to amend the Zoning By-
Laws by adding to Section 4.0, Use Regulations, a new Section 4.11. entitled Gateway
Smart Growth District to read as follows:
4.11. Gateway Smart Growth District (the "GSGD")
4.11.1 Purposes., The purposes of the GSGD are:
4.11.1.1. To establish a Smart Growth Overlay. District to encourage smart
growth in accordance with the purposes of Mass. Gen. Laws Ch. 40R.
The GSGD will allow for multi-family housing, which will help provide
additional affordable housing opportunities within the Town of
Reading.
4.11.1.2. To implement the objectives of both the EO 418 Reading Community
Development Plan (2004) and the Reading Master Plan (2005), which
identified the area within the GSGD for mixed-use development.
4.11.1.3. To ensure high quality site planning, architecture and landscape
design that enhances the distinct visual character and identity of
Reading and provides an environment with safety, convenience and
appropriate amenities.
4.11.1.4. To provide for a diversified housing stock within Reading, including
affordable housing and housing types that meet the needs of the
Town's population, all as identified in the EO 418 Reading Community
Development Plan (2004), the Reading Master Plan (2005), and the
Reading Housing Plan (2006).
4.11.1.5. To generate positive tax revenue, and to benefit from the financial
incentives provided by Mass. Gen. Laws Ch. 40R, while providing the
opportunity for new residential development.
4.11.2 Authority and Applicability. The GSGD is established pursuant to the
authority of Mass. Gen. Laws Ch. 40R and 760 CMR 59.00. At the option
of the Applicant, development of land within the GSGD may be
undertaken by means of a Plan Approval pursuant to the zoning controls
3
set forth in this Section 4.11, or by complying with all applicable
Underlying Zoning controls set forth in the Town of Reading Zoning By-
Laws. Notwithstanding anything to the contrary in the Zoning By-Laws,
Development Projects proceeding under this Section 4.11 shall be
governed solely by the provisions of this Section 4.11 and the standards
and/or procedures of the Underlying Zoning shall not apply. Development
Projects proposed pursuant to this Section 4.11 shall not be subject to
any other provisions of the Zoning By-Laws, including limitations upon the
issuance of building permits for residential uses related to a rate of
development or phased growth limitation, or to a local moratorium on the
issuance of such permits, or to other building permit or Dwelling Unit
limitations.
4.11.3 Establishment and Delineation of GSGD. The GSGD is an overlay
district that is superimposed over the Underlying Zoning District. The
boundaries of the GSGD are delineated as the "Gateway Smart Growth
District 'GSGD... on the Reading Zoning Map on file in the office of the
Town Clerk, said map hereby made a part of the Zoning By-Laws.
4.11.4 Definitions. As used in this Section 4.11, the following terms shall have
the meanings set forth below:
ACCESSORY BUILDING — A detached single story building the use of which is
customarily incidental and subordinate to that of the principal building and which
is located on the same lot as that occupied by the principal building. An
Accessory Building shall not be used to house people, domestic animals or
livestock. Nor shall it be used as an independent commercial enterprise. An
Accessory Building located within 10 feet of the principal building shall be subject
to the dimensional requirements applicable to the principal building.
ADMINISTERING. AGENCY —An organization designated by the Reading Board
of Selectmen, which may be the Reading Housing Authority or other qualified
housing entity, with the power to monitor and to enforce compliance with the
provisions of this By-Law related to Affordable Units, including but not limited to
computation of rental and sales prices; income eligibility of households applying
for Affordable Units; administration of an approved housing marketing and
resident selection plan; and recording and enforcement of an Affordable Housing
Restriction for each Affordable Unit in the GSGD. In a case where the
Administering Agency cannot adequately carry out its administrative duties, upon
certification of this fact by the Reading Board of Selectmen or by DHCD, such
duties shall devolve to and thereafter be administered by a qualified housing
entity designated by the Reading Board of Selectmen or, in the absence of such
timely designation, by an entity designated by the DHCD.
AFFORDABLE UNIT - An Affordable Rental Unit or an Affordable
Homeownership Unit that is affordable to and occupied by an Eligible Household.
AFFORDABLE HOUSING RESTRICTION — A deed restriction of an Affordable
Unit meeting statutory requirements in Mass. Gen. Laws Ch.184 § 31 and the
requirements of Section 4.11.10 of this By-Law.
W
_ AFFORDABLE RENTAL UNIT — A DVV8||iOg Unit required to be rented to an
Eligible Household in accordance with the requirements of Section 4.11.1Oofthis
/ )
By-Law.
AFFORDABLE HOMEOWNERSHIP UNIT — ADVveUiOg Unit required bJ be sold
to an Eligible Household in accordance with the requirements of Section 4.11.10
of this By-Law.
APPLICANT —A landowner orother petitioner who files 8 plan for a Development
Project SUh1gCt to the provisions of this
APPLICATION —A petition for Plan Approval filed with the Approving Authority
by an Applicant and inclusive of RU required documentation GG specified in
administrative rules adopted pursuant to Section 4.11.11.
APPROVING AUTHORITY — The Community Planning and Development
Commission (CPOO) of the Town of Reading acting as the authority designated
to review projects and issue approvals under this Section 4.11.
AS-OF-RIGHT DEVELOPMENT -A Development Project allowable under this
Section 4.11 without recourse too special pennd, vehonoa, zoning amendment,
Or other form of zoning relief. A [>8V8|opDlert Project that i8 subject to the Plan
Review requirement of this Section 4.11 shall be considered on As-of-Right
Development.
BASEMENT - The lowest floor level of building which is either fully or partially
below grade, whether or not fully enclosed.
BUILDING —A.structure enclosed within exterior walls whether portable or fixed,
having G roof O[ other coverings for the shelter [f persons, animals or property.
CONSERVATION USE - Any woodland, gnaem|aOd. VVRt|and, agricultural or
horticultural use Cf land, any use of land for the construction and use of ponds or
storm water management facilities.
DEPARTMENT — The Massachusetts Department VfHousing and Community
Development (DHCD) or any successor agency.
DESIGN STANDARDS — Design Standards included in Section 4.11.Qof this By-
Law and made applicable to Projects within the GSG[] that are subject to the
Plan Approval process. The Design Standards are applicable to all Development
Projects within the GBG[) that are subject to Plan Review by the Approving
Authority.
DEVELOPABLE LAND — All land within the GSGD that can be feasibly
developed into Development Projects. Developable Land shall not include: the
rights-of-way Of existing public streets and ways or u[ae8 that are: (1) protected
wetland resources (including buffer zones) under Federa|. State or local laws; (2)
land located within the Hood Plain Zoning District in the Town of Reading and
subject to seasonal or periodic flooding or (3) rare species habitat designated
under Federal or State |@xV. The foregoing definition shall be for purposes of
'
calculating density under Section 4.11.7.1, and shall not limit development
activities in such excluded areas if otherwise allowed by applicable law.
(
5
DEVELOPMENT LOT – One or more lots which are designated as a
Development Lot on a plan for a development proposed within the GSGD and for
which Plan Approval is required under the provisions of this Section 4.11. The
lots comprising a Development Lot need not be in the same ownership. Where
the Development Lot consists of more than a single lot, the lots, in combination,
shall be treated as the Development Lot, may be contiguous or non-contiguous
and shall be considered as one lot for the purpose of calculating parking
requirements and ' Dwelling Units per acre. Any development undertaken on a
Development Lot is subject to the Design Standards established under
Section 4.11.9 of this By-Law.
DEVELOPMENT PROJECT or PROJECT– A residential development
undertaken under this Section 4.11. A Development Project shall be identified on
the Plan which is submitted to the Approving Authority for Plan Review.
DWELLING – Any building or structure used in whole or in part for human
habitation.
DWELLING UNIT — A structure or a portion of a structure containing in a self
sufficient and exclusive manner facilities for sleeping, bathing and cooking,
including one full kitchen and full bathroom facilities as defined by the
Massachusetts State Building Code. The following types of Dwelling Units are
specifically defined:
MULTI-FAMILY DWELLING UNITS – A residential building containing
four or more Dwelling Units designed for occupancy by the same number
of families as the number of Dwelling Units.
ONE-FAMILY DWELLING– A detached dwelling arranged, intended or
designed to be occupied by a single family.
ELIGIBLE HOUSEHOLD, LOW INCOME – An individual or household whose
annual income is below fifty percent (50%) of the area-wide median income as
determined by the United States Department of Housing and Urban Development
(HUD), adjusted for household size, with income computed using HUD's rules for
attribution of income to assets.
ELIGIBLE HOUSEHOLD, MODERATE INCOME – An individual or household
whose annual income is below eighty percent (80%) of the area-wide median
income as determined by the United States Department of Housing and Urban
Development (HUD), adjusted for household size, with income computed using
HUD's rules for attribution of income to assets.
FAMILY– One (1) or more persons living together in one (1) dwelling unit as a
single housekeeping unit, but not including fraternities, sororities or other
fraternal or communal living arrangements.
FRONTAGE - The continuous length of a lot line along a street line or Traveled
Way across which access is legally and physically available for pedestrians and
vehicles. The end of a street without a cul-de-sac may be considered frontage,
and may be extended into one or more Traveled Ways for the purpose of
providing frontage.
In
FLOOR AREA, GROSS — The SU0 of the areas on the Gev8[8| floors of a
L_
`--/
building or buildings measured from the outside surfaces of the exterior walls so
aato include the full thickness thereof.
FLOOR AREA, NET — The 8C(Va| occupied area of a building or buildings not
including ha|kNGVs' stairs' mechanical spaces and other non-habitable spaces,
and not including thickness of exterior or interior walls.
GARAGE, DETACHED — A detached single story building nvi
storage for personal vehicles or other items belonging to the occupants of the
premises that is used for residential purposes. Such building shall be fully
enclosed. A detached garage located within 1 0.feet of the principal building shall
be subject to the dimensional requirements applicable to the principal building.
GATEWAY SMART GROWTH DISTRICT or GSGQ — An Overlay Zoning District
adopted pursuant to Mass. Gen. Laws Ch. 40R, in accordance with the
procedures for zoning adoption and amendment as set forth in Mass. Gen. Laws
Ch. 40A and approved by the Department of Housing and Community
Development pursuant to Mass. Gen. Laws Ch. 40R and 760 CIVIR 59.00.
HEIGHT OF BUILDING - The vertical distance measured atthe center line ofits
principal front from the established grade or from the n8tUn8| grade if higher than
the established grade, or from the natural grade if no grade has, been
established: to the level of the highest point of the roof beams in the case of flat
roof or roofs inclining not more than one inch to the foot, and to the mean height
|8V8| between the top of the main plate and the highest ridge in the case of other
roofs. For buildings with more than one principal front, said vertical distance shall
be measured from the average of the established grade or natural g[8de, as
applicable, measured at the centerline of each principal front.
HOUSEHOLD INCOME, MEDIAN — The median income, adjusted for household
gize, as reported by the most recent information fromo, or calculated from
regulations promulgated by, the United States Department of Housing and Urban
Development (HUD).
IMPERMEABLE SURFACE —Notuna| or manmade material on the ground that
does not allow surface water to pRn8tR3bJ into the soil.
INFRASTRUCTURE LETTERS -The letters issued OO behalf ofthe l[oVVO in
fulfillment of Mass. Gen. Loxva Ch. 40R. §O(a)(11) and 780 CK8R5S.O4(1)(h)
identifying infrastructure iOmpn]wenn8Ots to be made incident to the construction of
one or more Development Projects in the G8G[}.
LANDSCAPED AREA — Land area not covered by building, parking spaces and
driveways.
LOT —/\ parcel of land occupied or designed hJ be occupied by principal and
accessory buildings or uses, including such open spaces as are arranged and
''-
designed b}be used in connection with such buildings.
LOT COVERAGE — The percentage of the total lot area covered by principal and
accessory buildings and including any detached garages.
PEDESTRIAN WAY - A way intended for use by the general public for the
movement of pedestrians which may include provision for use by cyclists.
Pedestrian Ways include:
PATH — A way that is not located immediately adjacent to and incorporated
within the design of a Traveled Way. A Path may proceed in a meandering
fashion where appropriate to site design rather, than the strictly linear
configuration expected of a Sidewalk.
SIDEWALK — A way that is located immediately adjacent to and incorporated
within the design of a Traveled Way.
PLAN — A plan depicting a proposed Development Project for all or a portion of
the GSGD and which is submitted to the Approving Authority for its review and
approval in accordance with the provisions of Section 4.11.11 of this By-Law.
PLAN APPROVAL — The Approving Authority's authorization for a proposed
Development Project based on a finding of compliance with this Section 4.11 of
the By-Law and Design Standards after the conduct of a Plan Review.
PLAN REVIEW — The review procedure established by this Section 4.11 and
administered by the Approving Authority.
RECREATIONAL ACCESSORY USE — A use subordinate to a Principal
Residential Use on the same lot or in the same structure and serving a purpose
customarily incidental to the Principal Residential Use, and which. does not, in
effect, constitute conversion of the Principal Use of the lot, site or structure to a
use not otherwise permitted in the GSGD. Recreational Accessory Uses may
include, but are not limited to, greenhouse, tool shed, clubhouse, swimming pool,
tennis court, basketball court and playground.
SERVICE AREA — Exterior locations of a building including, but not limited to,
dumpsters or containerized trash receptacles, metering stations and utilities.
SHARED PARKING FACILITIES — Parking facilities designed and intended to
serve more than a single use as shown on a Plan.
SIGN — Any word, number, emblem, picture, design, trademark or other device to
attract attention.
SINGLE FAMILY RESIDENCE DISTRICT — A zoning district allowing One-
Family Dwelling uses per the Zoning By-Law.
STRUCTURED PARKING — Two or more levels of parking, vertically stacked,
either alone or integrated into a building.
TRAVELED WAYS — A way intended for use by the general public for the
movement of vehicles which may include provision for use by pedestrians and
cyclists through the use of bicycle lanes, sidewalks, shoulders and/or dedicated
travel lanes.
M
UNDERLYING ZONING — The zoning requirements adopted pursuant to Mass.
Gen. Laws Ch. 40A that are otherwise applicable to the geographic area in which
the GSGD is located, as said requirements may be amended from time to time.
UNDULY RESTRI.CT — A provision of the GSGD or a Design Standard adopted
pursuant to Mass. Gen. Laws Ch. 40R and 760 CIVIR 59.00 that adds
unreasonable costs or unreasonably impairs the economic feasibility of a
proposed Development Project in the GSGD.
UNRESTRICTED UNIT — A Dwelling Unit that is not restricted as to rent, price or
eligibility of occupants.
USE ACCESSORY — The use of a building or premises for purposes customarily
incidental to a permitted principal use.
USE, PRINCIPAL — The main or primary purpose for which a structure, building,
or lot is designed, arranged, licensed or intended, or for which it may be used,
occupied or maintained under this Section 4.11.
VILLAGE GREEN — An area of publicly accessible open space in the District that
may be landscaped with greenery or hardscape.
YARD — An open space on the same lot with a building.
YARD, FRONT — The yard extending between the building and the street line
and extending across the full width of the lot.
YARD, REAR — The yard extending between the building and the rear line of the
lot and extending across the full width of the lot.
YARD, SIDE — The yard extending between the building and the side line of the
lot and extending from the front yard to the rear yard.
4.11.5 Permitted Uses
4.11.5.1. The following principal uses shall be permitted in the GSGD As-of-
Right upon Plan Approval pursuant to the provisions of this Section
4.11.:
4.11.5.2. Parking accessory to any of the above permitted uses, including
surface parking, garage, parking under buildings, and above and
below grade structured parking, subject to the dimensional
requirements of this Section 4.11.
E
Multi-
Family
Retail and
Office
Conservation
Recreational
Dwelling
Restaurant
Use, Accessory
Unit
GSGD
Yes
No
No
Yes
Yes
I I
4.11.5.2. Parking accessory to any of the above permitted uses, including
surface parking, garage, parking under buildings, and above and
below grade structured parking, subject to the dimensional
requirements of this Section 4.11.
E
4.11.5.3. Accessory uses customarily incidental to any of the above permitted
uses.
4.11.6 Prohibited Uses or Activities in the GSGD. All uses not expressly
allowed are prohibited.
4.11.7 Dimensional and other Requirements. Notwithstanding anything to the
contrary in this Section 4.11, the dimensional requirements applicable in
the GSGD are as follows:
4.11.7.1. Density. Subject to the limit on Maximum Residential Development in
Section 4.11.7.4 below, Multi-family residential uses shall be
permitted As-of-Right at a density of at least twenty (20) Dwelling
Units per acre of Developable Land.
4.11.7.2. Table of Dimensional Regulations
Table of Dimensional Regulations
Dimensional Control
Minimum Lot Area
N/A
Minimum Frontage (min.)
10 ft,
Front Yard (min.)
10 feet
Side Yard (min.)
10 feet
Rear Yard (min.)
10 feet
Lot Coverage (max.)
60%
Landscaped Area (min.)_
25%
-
Building Height (max.)
55 feet or 4 stories
Required Structure Setback from a
Single Family Residence District
100 feet
(s e Section 4.11.9.12)
Required Width of a Vegetative Buffer
Strip Adjacent to a Single Family
Residence District
25 feet
(see Section 4.11.9.12)
4.11.7.3. Number of buildings on a lot. In the GSGD, more than one principal
building may be erected on a lot.
4.11.7.4. Maximum Residential Development. The aggregate number of
Dwelling Units that shall be permitted pursuant to this Section 4.11
shall be two hundred and two (202).
4.11.7.5. Structured Parking. Structured parking allowable pursuant to Section
4.11.5(2) shall be governed by this Section 4.11 and by Design
Standards in Section 4.11.9., and shall not exceed forty-five (45) feet
in height, and shall be approved as to capacity and location by the
Approving Authority.
10
4^11.8 Parking
/--` 4.11.8.1. P8ddOg shall be provided in order to meet or exceed the following
L--> nmininnVrn requirements: at least 1.6 parking spaces shall be provided
for each Dwelling Unit. When application of this requirement results in
8 number that includes ofnao(ion' the fraction ahe|| be rounded up to
the next whole number.
4.11.8'2. Shared Parking. Notwithstanding anything to the contrary herein, the
use of shared parking to fulfill parking demands noted above that
occur at different times of day is strongly encouraged. Minimum
parking requirements above may be reduced by the Approving
Authority through the Plan Approval process if the Applicant can
demonstrate that shared spaces will meet parking demands by using
accepted methodologies (e.g., the Urban Land Institute Shared
Parking Report, ITE Shared Parking Guidelines, or other approved
studies).
4.11.8.3. Reduction in Parking Requirements. Notwithstanding anything to the
contrary herein, any minimum required amount of parking may be
reduced by the Approving Authority through the Plan Approval
process if the Applicant can demonstrate that the lesser amount of
parking will not cause excessive congestion, endanger public safety,
or that a lesser amount of parking will provide positive environmental
or other benefits, taking into consideration:
411831 The @V�i�gbi|�V Of surplus off-street parking within the
( > ' '''' '
Business Zoning District;
4.11.8.3.2. The 8m5i|@bi|Uv of OO-st[eet, public or commercial parking
facilities within the Business C Zoning District;
4.11.8.3.8. Shared use of parking spaces serving other uses having peak
user demands at different times;
4.11.8.3.4. Age Or other occupancy restrictions which are likely to result in
e lower level Of auto usage;
4.11.8.3.5. Impact ofthe parking requirement onthe physical eDVi[oO[OgOt
of the affected lot or the adjacent lots including reduction in
open space, destruction of significant existing trees and other
vegetation, or |oea of pedestrian amenities along public ways;
and
4.11.8.3.6. Such other factors as may be considered by the Approving
Authority.
VVhe[8 such reduction is authorized, the Approving Authority may
impose conditions Of use Or occupancy appropriate to such
reductions.
4.11.8.4. Parking Gh@U be designed and constructed 83 coDlnk/ with all
applicable disability access requirements including, but not limited to.
the A[DehcanG with Disabilities Act /ADA\ and the regulations of the
K8aSSachUs8ttsArchitectural Access Board //V\B\
11
4^11.0 Design Standards. TO ensure that new development shall be of high
quality, and shall meet the standards envisioned by the Town of Reading
in adopting this By-Law'the physical character of a Development Project
within the GSGD shall �omply with the following Design Standards in the
issuance of Plan Approval for a Development Project within the GSGD.
The Design Standards include standards as authorized at 760 CMR
59.04(l)(f) not only governing the design of buildings but also the
dimensions and layouts of roadways and parking areas, consistent with
the character of building types, streetscapes and other features
traditionally found in densely settled areas of the Town of Reading, the
protection of natural site features, the location and design of on-site open
spaces, exterior signage and landscaping and other buffering in relation
to adjacent properties, and the standards for the construction and
maintenance of drainage facilities within the Development Project.
4.11.9.1. Scale, Proportion and Exterior Appearance of Buildings
4.11.9.1.1. Building Facades
4.11.9.1.1.1 Building design shall maintain the distinction between
upper and lower floors for buildings using
horizontal elements such as varied building materials.
4.11.9.1.1.2 Projecting bnvy. co|UDlD8. recessed balconies and roof
shape variation should be Vb|bmad. Building facades
may also include appurtenances such as cupolas,
Qob|as' Lurnats, spires, widow walks, trellises, etc. '
4.11.8.1.1.3 The architectural feoturaa, rnateha|S, and the
articulation Ofot8gade of@ building shall be continued
on all sides visible from a public street or circulation
road.
4.11.9.1.1.4 Building facades shall Vary in height o[ vary the planes
of exterior walls in depth and direction to break up the
box-like [DaGG and scale of new buildings.
4.11.8.1.1.5 NV VOiOt8[[UDted length od any facade should exceed
4096 of the fogade'a total length, or 85 horizontal feet.
whichever is less. without incorporating one Of the
following: color change, material change, texture
change; and one ofthe following: plane projections or
recesses, trellises, balconies orwindows.
4.11.8.1.1.8 The architecture facing a public space or Traveled Way
or Sidewalk should ' incorporate features such as
moldings, pilasters and other architectural details.
411.8.1.0 Balconies and Porches. Residential balconies and
�[�����O�Un��d��� p���| particularly
�� .
on building facades fronting on a Traveled VVav
Sidewalk or the Village Green.
12
4.11.9.1.2. Roof Profiles
4.11.9.1.2.1 Roof profiles should employ varied vertical and
horizontal planes for visual relief to the tops of
buildings. Design elements such as parapets, cornices,
towers and piers may also be used. HVAC equipment
shall be screened.
4.11.9.1.2.2 Design elements such as false mansard roofing may be
used to create the appearance that the fourth floor of a
building is incorporated into the roof line.
4.11.9.1.3. Windows and Doorways
4.11.9.1.3.1 Fenestration patterns may vary from building to
building, but overall the development should exhibit
general consistency of proportions along a Traveled
Way.
4.11.9.1.3.2 Windows should be designed to add visual relief to a
wall, which may include insetting the window pane a
minimum of three (3) inches from the exterior wall
surface.
4.11.9.1.3.3 In general, all windows should be taller than they are
wide; provided however, that several vertically-oriented
windows may be placed consecutively such that the
combined width exceeds the height and excluding
specific sections of glass (or "storefront") used at
building entrances, offices or common areas.
4.11.9.1.3.4 Windows on top floors should not be wider than
windows on the first floor.
4.11.9.1.3.5 Windows on the top and bottom floors should generally
align vertically.
4.11.9.1.3.6 Recessed doorways are preferred, in order to break up
the building fagade, provide a welcoming space, and
provide protection from sun and rain. Where a
recessed doorway is not used, an awning or vestibule
can have a similar effect and may be used. Adequate
lighting for the doorway shall be provided at night.
4.11.9.1.4. Materials and Color
4.11.9.1.4.1 Building fa(;ade materials including, but not limited to,
brick, wood, cementitious fiber board, manufactured
limestone, cast stone, masonry, stone, glass, terra
cotta, cellular PVC trim, tile and sustainable materials
are permitted within the District.
13
4.11.9.1.4.2 A combination of materials should be used within a
building.
4.11.9.1.5. Sustainable Design. Sustainable design principles shall be
considered for all buildings and site design elements to the
maximum extent practical. Sustainable design elements
intended to reduce energy consumption may include skylights
and "day lighting," windows with low solar-gain factors,
landscaping, as well as system and material selections that
meet or exceed Energy Star standards.
4.11.9.1.6. Protection of Public Safety. Site design shall include adequate
water supply distribution and storage for fire protection.
Vehicular circulation shall meet the access needs of
emergency and public safety vehicles. The adequacy of the
foregoing shall be based on the reasonable requirements of
the Reading Chief of Police and Fire Chief, in their respective
fields.
4.11.9.1.7. Service Areas shall be screened from view from adjacent
residential districts with materials consistent with the primary
building fagade, fencing and/or vegetation.
4.11.9.2. Placement, Alignment, Width and Grade of Streets and Sidewalks
4.11.9.2.1. Design and Location. The overall site design shall include a
transportation network providing for vehicular and pedestrian
circulation to and within the GSGD. Design and construction
shall incorporate sound engineering and construction
standards including adequate provisions for drainage.
4.11.9.2.2. Traveled Ways. There are two categories of Traveled Ways:
Circulation Roads and Driveways.
4.11.9.2.2.1 Circulation Roads shall be a maximum of 26 feet wide
for a two-way road (20 feet for those roads that are
one-way). Circulation Roads may allow for parallel
parking, and shall have granite curbing or edging, and
shall contain Sidewalks on at least one side.
4.11.9.2.2.2 Driveways serving parking areas should be a maximum
of 24 feet wide for a two-way Driveway (18 feet wide
for a one-way) and may have access to perpendicular
parking.
4.11.9.2.3. Pedestrian Ways
4.11.9.2.3.1 Pedestrian Ways shall be a minimum of five (5) feet
wide. Pedestrian Ways may include street lamps or
street trees that encroach on the sidewalk, provided
that a minimum width of 42" must be maintained.
14
4.11.8.2.3.2 SidSVva|hS 8hGU be constructed of CODc[8te, rOgGDDry,
bituminous concrete, stone dust, orstone.
(--�} 4.11.9.2.3.3 Sidewalks mOayb8 separated from Traveled Ways by
landscaped strip no less than five /5\ feet wide
including street trees with permeable grates sufficient
for proper irrigation of the tree's RJod SVGtern.
4`11.0.2.3/4 Lighted VValkvvavn Gh@U be provided to link buildings
with public spaces, parking areae. recreation facilities
and Sidewalks on adjacent land wherever practical.
4.11.9.2.3.5 Where pedestrian connections cross Traveled Wnva, a
crosswalk or change in paving shall delineate the
pedestrian connection.
4.11.8.2.3.8 Sidewalks and Paths shall be accessible to the
handicapped in oocOrdonma with the Americans with
Disabilities Act and the Massachusetts Architectural
Access Board.
4.11.8.2.3.7 All Sidewalks and Paths ohoU be open to the public.
4.11.9.2.3.8 A pedestrian connection shall be provided from the
District, and through adjacent land as necessary, to
allow direct pedestrian access from the District 10
South Street.
/~
( > 4.11.9.2.4. Vehicular curb cuts may be limited to intersections with other
`--
Traveled Ways or access drives to parking or loading areas for
coOlFOe[Cia|, civic or multifamily residential uses.
4.11.9.3. TviDe and Location of Infrastructure
4.11.9.3.1. Plans. The plans and any necessary supporting documents
submitted with an application for Plan Auponzvo| within the
GSG[J shall show the QeDen8| location, size, character and
general area Vf Traveled Ways, and public spaces o[facilities.
4.11.9.3.2. Ownership and Maintenance. The plans and documentation
submitted to the /\ppnJViOg Authority shall iOdUdH a
description of proposed private ownership and maintenance of
all Traveled Ways, including vehicular ways and SidexV@|hG,
and all proposed public spaces or facilities. As a condition of
Plan Approval, the Approving Authority may require provision
of an Operations and Maintenance P|8O for Traveled Ways
and drainage facilities associated with the Traveled Ways. If
applicable, a homeowners' association, a condominium
association or business oeeooioUon may be established to
ensure that all Traveled VVaVG and associated drainage
facilities shall be properly maintained by private pedv, and
that the T0vVD of Reading shall incur no expense related to
)
such operations and maintenance.
15
4.11.9.3.3. Underground Utilities. All new utilities (except VV@te[ and
wastewater treatment structures and other facilities that
require above grade 8Cceoo) shall b8 installed underground. /
\
4.11.0.3.4. StorOw8ter management shall incorporate "Best Management
Practices" (BW1P) as prescribed by the Massachusetts
Department of Environmental Protection.
4.11.9.4. Location of Building and Garage Entrances
4.11.9.4.1. Entrances to [8GideOb8| units that are not required to be
handicap accessible Oradaptable may b8 vertically separated
from the public Sidewalk bya[least 12" and bvad least 24"
where the fnJnttaoade of the house or front porch is within 10'
of the public Sidewalk.
4.11.8.4.2. Building entrances shall provide direct aocaSG to one or more
Pedestrian Ways.
4.11.9.4`3. Garages. If garages are proposed, they should be designed in
such n way that they do not hnDt on o Circulation Road.
Detached garage banks, or recessed locations N5hiOd. under
or in the side yard of e dwelling unit, may be used where
4.11.9.5. Off-Street Parking and Loading
4.11.9.5.1. Parking may be provided within 0[ below residential structures. \
Surface parking lots shall be located to the side and the rear Vf
buildings aG oriented toward @ Circulation Road with no more
'
than 4 rows nfparking including 2dhvevVays located between
a building and a Circulation Road.
4.11.9.5.2. No parking area shall be located within thirty (30) feet of the
Single Family Residence District, and no parking area or
building shall be o||oxved in Restricted Area 'A" as shown On
the plan entitled: "Plan Showing Height Limitation and Setback
/\reoa' Business C District in Reading, Mass.," dated March
27' 2000. Scale 1"= 60'. by Hayes Engineering, |Dc..oDfile
with the Reading Town Clerk.
4.11.8.5.3. Curb side loading spaces may be provided.
4.11.0.5.4` Typical parking spaces in a parking lot shall have rninirnu[n
dimensions of feet 18 feet.
4.11.9.5.5. pa[a||8| parking shall have minimum dimensions nf8 feet x22
feet.
4.11.9.5.8. Compact Car spaces may be provided to g maximum of 30%
of all non-parallel parking spaces. The minimum stall size for '
compact cars is O feet x 16 feet, and SigOag8aDd pavement (
markings shall be installed identifying compact car spaces.
16
4.11.9.5.7. Handicapped parking spaces shall be provided in compliance
with the Americans with, Disabilities Act and the
Massachusetts Architectural Access Board.
4.11.9.5.8. Large parking areas shall be landscaped to minimize their
visibility from Traveled Ways and from areas outside the
District. Continuous parking areas or lots of 50-200 spaces
shall have 5% of the area landscaped; lots over 200 parking
spaces shall have 7% of the total area landscaped. (See
Section 4.11.9.13 Design Standards Summary Table.)
4.11.9.6. Protection of Significant Natural Site Features
4.11.9.6.1. Plans submitted to the Approving Authority shall identify trees
to be preserved within the Project. Trees shall be tagged in the
field and appropriately designated on project plans.
4.11.9.6.2. Roadways and lots shall be designed and located in such a
manner as to maintain and preserve, to the maximum extent
practical, existing tree cover, wetlands, natural topography and
significant natural resources, and to minimize cut and fill.
4.11.9.6.3. The area in the northwest corner of the District shall be
preserved as existing open space and the existing mature
vegetation in that location shall not be cut. No parking, building
or construction of any structure or impervious surface shall be
allowed in the portion of the District within Restricted Area 'A'
as shown on the plan entitled: "Plan Showing Height Limitation
and Setback Areas, Business C District in Reading, Mass.",
dated March 27, 2000, Scale 1" = 60', by Hayes Engineering,
Inc., on file with the Reading Town Clerk.
4.11.9.7. Location and Design of On-Site Open Space Areas
4.11.9.7.1. Open spaces shall be landscaped to allow for a variety of
uses. Open spaces may include sidewalk furniture and small
structures such as a gazebo or trellis to increase the options
for use and enjoyment of the spaces.
4.11.9.7.2. A Project shall include a central Village Green, a minimum of
15,000 square feet in area measured from curb to curb and
inclusive of Sidewalks oriented to and directly accessible from
a Traveled Way. The Village Green shall be adjacent to the
residential uses in the Project. Additional gathering spaces
may be located throughout the Project.
4.11.9.7.3. The Village Green shall be located at a vehicular intersection
in the Project, and shall be pedestrian accessible from two or
more sides. Where practical, buildings and uses may front on
the Village Green.
17
4.11.9.7.4. Circulation shall be provided with a continuous Path through
parks. Surfaces may include gravel, concrete, stone dust or
bituminous concrete. Access shall be continuous from all
points of interest and allow free passage through the space on
foot and bicycle.
4.11.9.7.5. The Village Green shall be landscaped with a variety of ground
coverings, flowers, plants, shrubs and trees, and may
incorporate one or more "hard" elements such as fencing,
gazebo, seating areas and decorative paving.
4.11.9.7.6. Open Spaces shall be served by direct pedestrian access.
4.11.9.8. Landscaping
4.11.9.8.1. Plantings shall include a variety of species and should
consider the local climate, site conditions, salt level and water
level.
4.11.9.8.2. Circulation Roads shall include a minimum of one shade tree
every 50 linear feet. Additional trees and landscaping is
encouraged.
4.11.9.8.3. Parking Area Landscaping. Surface parking lots shall have
landscaped islands to divide large parking areas.
4.11.9.8.4. Landscaping of Traveled Ways. Landscape plantings for all
the Traveled Ways in a Development Project shall include
deciduous shade trees. These plantings may be in either linear
rows or informal groupings. Regular rows shall be used in
cases where the Traveled Way abuts walkways, parking lots
and buildings. Informal groupings may be used where the
Traveled Way abuts existing vegetation.
4.11.9.9. Screening/ Fencing
4.11.9.9.1. Fences. Fences may be used to provide continuity to a
streetscape, privacy for homeowners and their guests from
passers by, to help differentiate private space from public
space, and to reinforce the pedestrian scale of the
streetscape.
4.11.9.9.2. All fencing or walls utilized to screen parking and/or service
areas shall meet the following specifications:
4.11.9.9.2.1 Ornamental metal fencing, decorative wood fencing, or
masonry walls shall be allowed. Wood picket fences,
decorative metal fences and stonewalls are
encouraged. Concrete retaining walls with a fascia may
be used if permitted by the Approving Authority.
18
4.11.9.9.2.2 Concrete walls and chain link fences should not be
used. Chain link fencing is prohibited for screening
purposes. Black, vinyl- coated chain link fencing is
permissible for non - screening purposes including
safety, security and access restriction.
4.11.9.9.2.3 Fencing or walls shall be a minimum of three (3) feet
high.
4.11.9.10. Lighting.
4.11.9.10.1. For lighting fixture heights and spacing dimensions, please
see Section 4.11.9.13 Design Standards Summary Table.
4.11.9.10.2. All outdoor lighting in a Project shall comply with the following
shielding provision: Direct light emitted by exterior luminaire
shall not emit directly by a lamp, off a reflector, or through a
refractor above a horizontal plane (90 degrees) through the
fixture's lowest light- emitting part. Light from outdoor fixtures is
prohibited from spilling into abutting single - family residential
districts. .
4.11.9.10.3. Prevention of Light Pollution. A Development Project within
the District shall employ outdoor illuminating devices, lighting
practices, and systems which will conserve energy while
maintaining reasonable nighttime safety and security. All
outdoor lighting in a Project, except those regulated by
Federal, State, or municipal authorities, whether ground, pole
or wall- mounted, shall comply with the following provisions:
4.11.9.10.3.1 Maximum height requirements are as defined in
Section 4.11.9.13 Design Standards Summary Table.
4.11.9.10.3.2 The height of a light fixture shall be measured from the
ground to the light emitting flat glass of the luminaire;
pole height may be higher than this light- emitting
height.
4.11.9.10.3.3 If the Sidewalk includes street trees, locate streetlights
between the trees so that the tree canopy does not
interfere with illumination coverage.
4.11.9.10.3.4 Street poles and lighting fixtures shall be dark in color
to reduce light reflectivity.
4.11.9.10.3.5 Shielding. Direct light emitted by an outdoor light
fixture shall not emit directly by a lamp, off a reflector or
through a refractor above a horizontal plane through
the fixture's lowest light- emitting part.
19
4.11.9.10.3.6 All light fixtures shall emit a steady and constant light
and shall not emit a flashing or irregular light, unless
specifically required by Federal, State or municipal
authorities.
4.11.9.10.3.7 Prohibited Light Sources
4.11.9.10.3.7.1.
Mercury Vapor and Quartz Lamps. For the
purposes of these Design Standards, quartz
lamps shall not be considered an incandescent
light source.
4.11.9.10.3.7.2.
Laser Source Light. The use of laser source
light or any similar high-intensity light for
outdoor advertising, when projected above the
horizontal, is prohibited.
4.11.9.10.3.7.3.
Searchlights. The operation of searchlights is
prohibited.
4.11.9.10.3.7.4.
Internally lit signs and flashing signs, including
neon signs, are prohibited.
4.11.9.10.3.7.5.
Metal Halide Lighting. All outdoor light fixtures
utilizing a metal halide lamp or lamps shall be
shielded and filtered. Filtering using quartz
glass does not meet this requirement.
4.11.9,10.3.8 Exemptions
4.11.9.10.3.8.1. Fossil Fuel _Light. All outdoor light fixtures
producing light directly by the combustion of
natural gas or other fossil fuels are exempt from
all requirements of this By-Law.
4.11.9.10.3.8.2. Other Light Sources. All outdoor light fixtures
using an incandescent lamp or lamps of 150
watts or less are exempt from all requirements
of this By-Law. All outdoor light fixtures using
any lamp or lamps of 50 total watts or less are
exempt from all requirements of these Design
Standards.
4.11.9.10.3.8.3. Specialty Lights. Alternative outdoor light
fixtures may be allowed if it is found that the
fixture's design and appearance are superior,
significant light pollution will not be created and
glare is minimal.
4.11.9.10.4. Exterior LiqhLT1ming. Exterior lighting may be controlled by a
photo sensor or time switch that automatically reduces light
levels, decreasing light levels during nighttime hours while still
maintaining necessary security lighting.
9#1
4.11.0.10.5. Light levels Sh8|i meet
guidelines defined by the
North America (IESNA).
4.11.9.11. Exterior Signs
or exceed the DliniOlUOl design
Illuminating Engineering Society of
4.11.0.11.1. /\ Project may include one residential access sign not in
excess of forty (4O) square feet Et each vehicular access point
to the Project and one residential building sign not in excess
Of sixteen /18\ square feet located flat against the wall 0feach
residential bui|diDQ, subject to approval by Reading public
safety officials.
4.11.9.11.2. Wayfinding Signs. Installation of small, externally illuminated
wayfinding signs not to exceed two square feet in area per
side is encouraged to assist visitors to locate sites of interest
within the District. Wayfinding signs should not exceed seven
(7) feet in height, and should be installed for the benefit of both
automotive and pedestrian traffic.
4.11.9.11.3. Non-commercial flags are permitted within the District and
shall not be regulated as signs.
4.11.9.11.4. In no case shall signage project above the roof line.
4.11.9.11.5.
8' DagH nlVGt be externally lighted. The fixtures should either
be decorative (such as lights) or camouflaged.
\ /
Wiring should b8 concealed within building molding and lines.
Lighting should be mounted at an oblique angle to 8U[n|O8te
glare. '
4.11.9.11.0.
Prohibited Sign Types. Commercial S' nageie prohibited
/i11.9.12. Buffering in Relation to Adiacent Properti
4.11.9.12.1.
Buffer from adjacent existing reshjeObo| development. No
building shall be located within one hundred /1OD\ feet nfa
Single Family Residence District.
4.11.9.12.2.
There nho|| baalandscaped buffer strip ofm minimum width of
thirty /3O\ feet along the full abutting length of Single Family
Residence District.
4.11.8.12.2.1 The landscaped bVfh3[ ehoU hove' at e noiniOmunl, a
staggered double row of a 70%/30% mixture of
ev8Fgn8eO/decidUoUetre8s. Evergreen trees shall be
nOiOinnU[O of six (6) feet in height 8tthe time of planting.
Trunks of deciduous trees ah@U be a Dlin|DlVnn of 3
inches caliper at the time of planting. Plant material
shall be maintained in a healthy condition or replaced to
/
attain required height. Buffer edge shall be planted e
( -) DliDiDlVnl of two (2) feet off of the property |iD8 abutting
8 residential district.
21
4.11.9.12.2.2 In lieu of the requirements of Section 4.11.9.12.2.1. the
Approving Authority may require construction of 8
combination of fencing, raised berm or bamne and \
planted 0ahaha\G in the landscaped buffer strip in order
to screen odiooen1 properties from visual impacts
associated with automobiles and automobile headlights
VV|th|O the District. In their determination of the need for
screening as it varies along the District boundary, the
Approving Authority shall consider the preservation of
existing vegetation and the anticipated visibility of
buildings in the C>isthC1 from @bu11|Dg pnJpe[1ies,
including whether such feOciOg, b8On or b80OG' and
planted materials will provide greater screening than the
preservation nf existing vegetation.
4.11.8.13. Design Standards Summary Table
-___--_-_-_---
Circulation Road
_
DriVeways
Paths
Village
Green
Surface Parking
maximum width
maximum (18
Uminimurn
15,000 sf
typical. 8'x 22' 1
parallel.
Dimensions plus parallel
Ft. maximum
width
minimum
81 x 16' compact
parking (20 Ft. max
for one-way
for one way)
driveway)
fl
(30% maximum)
Granite,
Granite,
concrete,
concrete,
Granite, concret
Granite, concrete,
bituminous
bituminous
None
bituminous
bituminous concrete,
Curbing
concrete, and/or
concrete
required.
concrete,
and/or
and/or landscape
landscape swale.
and/or
landscape
landscape
Parallel
Parallel parking
parking,
None required
On-Street
allowed on one or
head-in or
N/A
0 ill
on
N/A
Parking
both sides at 8 x 22
angled
AVillage
Green edge
r g
Ft. minimum
parking
permitted
Deciduous
Deciduous Trees,
Trees,
Evergreen
Deciduous
Trees, Shrub
Lots of 50-200
spaces must have
Evergreen Trees
every 50 Ft. O.C.
Trees,
Material,
5% landscaped; 200
Landscaping
minimum Shrub
and/or
Shrub
street
Furniture, and
spaces or more must
have 7% landscaped.
Material. Plus
Seasonal
Material.
Seasonal
All islands shall be
Plantings.
Plus
Seasonal
Plantings.
minimum of 100 SF.
I Sidewalk Width,
5 Ft. Minimum
(One or Two Sides)
5 Ft,
Minimum
5 Ft. Minimum-1
N/A
22
4.11,10 Affordable Housing
4.11.10.1. Number of Affordable Units. Twenty percent (20%) of all Dwelling
[]Ods constructed in a Development Project shall be maintained as
Affordable Units. Twenty-five percent (25Y6) of all rental Dwelling
Units in 8 Development Project shall be Affordable Units provded,
however, that this peqUiPenn8Ot may be satisfied if twenty percent
(20%) of all rental Dwelling Units in a Development Project are phCed
for and made available to Eligible Households, LOVV |OCOOle in
accordance with the PSqUineDleDƒ8 of this Section 4.11.10. In
Development Projects in which all of the Dwelling Units are limited t0
occupancy by elderly persons and/or by persons with disabi|i{ies,
twenty-five percent (25%) of the DVVgUiOg Units shall be Affordable
Units, whether the Dwelling Units are rental or ownership units.
4.11.10.2. Fractional Units. \8/han the 000|iootkon of the percentages specified
above results ina number that includes @ fraction, the fraction shall be
rounded up to the next whole number.
4.11.10.8. Affordable Units shall comply with the following requirements:
4.11.10.3.1. The OOVOthh rent payment for an Affordable Rental Unit,
including utilities and parking, Gh@U not exceed thirty percent
(80%) of the Dl2XinlUm monthly income permissible for an
Eligible Hou8eh0|d, assuming a Family size equal to the
number of bedrooms in the unit plus nOg. UO}eg8 other
affordable pnogn3nn rent limits approved bvDHCD shall apply;
4.11.10.3.2. For on Affordable Homeownership Unit the [nDOthk/ housing
payment, including mortgage phDCipo| and interest, private
rnortoage insunanna, property bomas. condominium and/or
( _) homeowner's association fees, ` innurgnce, and parking, Gh@U
not exceed thirty percent (30%) of the maximum monthly
23
Poured or
Poured or
Poured or
bituminous
bituminous
Sidewalk
bituminous
concrete, crushed
N/A
concrete,
crushed
concrete,
crushed
N/A
Material
stone, stone dust or
stone, ston
stone, stone
similar materials.
dust or
similar
dust or similar
materials.
Height of
Lighting
Fixtures
18 Ft. maximum
18 Ft.
18 Ft.
18 Ft.
25 Ft. maximum
,cut-ofr to go
maximum
maximum
maximum
degrees or less
Traffic, Wayfinding,
Traffic,
Residential Access
Wayfinding
4.11,10 Affordable Housing
4.11.10.1. Number of Affordable Units. Twenty percent (20%) of all Dwelling
[]Ods constructed in a Development Project shall be maintained as
Affordable Units. Twenty-five percent (25Y6) of all rental Dwelling
Units in 8 Development Project shall be Affordable Units provded,
however, that this peqUiPenn8Ot may be satisfied if twenty percent
(20%) of all rental Dwelling Units in a Development Project are phCed
for and made available to Eligible Households, LOVV |OCOOle in
accordance with the PSqUineDleDƒ8 of this Section 4.11.10. In
Development Projects in which all of the Dwelling Units are limited t0
occupancy by elderly persons and/or by persons with disabi|i{ies,
twenty-five percent (25%) of the DVVgUiOg Units shall be Affordable
Units, whether the Dwelling Units are rental or ownership units.
4.11.10.2. Fractional Units. \8/han the 000|iootkon of the percentages specified
above results ina number that includes @ fraction, the fraction shall be
rounded up to the next whole number.
4.11.10.8. Affordable Units shall comply with the following requirements:
4.11.10.3.1. The OOVOthh rent payment for an Affordable Rental Unit,
including utilities and parking, Gh@U not exceed thirty percent
(80%) of the Dl2XinlUm monthly income permissible for an
Eligible Hou8eh0|d, assuming a Family size equal to the
number of bedrooms in the unit plus nOg. UO}eg8 other
affordable pnogn3nn rent limits approved bvDHCD shall apply;
4.11.10.3.2. For on Affordable Homeownership Unit the [nDOthk/ housing
payment, including mortgage phDCipo| and interest, private
rnortoage insunanna, property bomas. condominium and/or
( _) homeowner's association fees, ` innurgnce, and parking, Gh@U
not exceed thirty percent (30%) of the maximum monthly
23
income permissible for an Eligible Household, assuming a
Family size equal to the number of bedrooms in the unit plus
one; and
4.11.10.3.3. Affordable Units required to be offered for rent or sale shall be
rented or sold to and occupied only by Eligible Households.
4.11.10.4. Design and Construction
4.11.10.4.1. Design. Affordable Units must be dispersed throughout a
Development Project and be comparable in initial construction
quality and exterior design to the Unrestricted Units. However,
nothing in this section is intended to limit a homebuyer's rights
to renovate a Dwelling Unit under applicable law. The
Affordable Units must have access to all on -site amenities.
Affordable Units shall be finished housing units; and
4.11.10.4.2. Timing. All Affordable Units must be constructed and occupied
not later than concurrently with construction and occupancy of
Unrestricted Units and, for Development Projects that are
constructed and approved in phases, Affordable Units must be
constructed and occupied in proportion to the number of units
in each phase of the Development Project.
4.11.10.5. Unit Mix. The total number of bedrooms in the Affordable Units shall,
insofar as practicable, be in the same proportion to the total number of
bedrooms in the Unrestricted Units.
4.11.10.6. Affordable Housing Restriction. Each Affordable Unit shall be subject
to an Affordable Housing Restriction which is recorded with the
Middlesex South District Registry of Deeds or the Middlesex South
Registry District of the Land Court. The Affordable Housing Restriction
shall provide for the implementation of the requirements of this
Section 4.11. All Affordable Housing Restrictions must include, at
minimum, the following:
4.11.10.6.1. Description of the Development Project, including whether the
Affordable Unit will be rented or owner - occupied;
4.11.10.6.2. A description of the Affordable Homeownership Unit, if any, by
address and number of bedrooms; and a description of the
overall quantity and number of bedrooms and number of
bedroom types of Affordable Rental Units in a Project or
portion of a Project which are rental. Such restriction shall
apply individually to the specifically identified Affordable
Homeownership Unit and shall apply to a percentage of rental
units of a rental Project or the rental portion of a Project
without specific unit identification;
4.11.10.6.3. The term of the Affordable Housing Restriction shall be the
longest period customarily allowed by law but shall be no less
than thirty (30) years;
24
4.11.10.8.4. The name and address of an /\d[niOist8[Og Agency with a
designation of its power 10 monitor and enforce the Affordable
Housing Restriction;
4.11.10.0.5. Reference to a housing marketing and resident selection plan,
to which the Affordable Unit is oubiact, and which includes an
affirmative fair hOU8iDQ marketing prOg[aDl, including public
notice and a fair resident selection process. The housing
marketing and selection p|@D shall provide for local
preferences in resident selection to the maximum eX18O[
permitted under applicable law. The p|8D shall designate the
household size appropriate for a unit with respect to bedroom
size and provide that preference for such unit shall bg given bJ
a household of'}h8appropriate size;
4.11.10.6.8. A requirement that buyers or t803OtS VNU be selected at the
initial sale or initial rental and upon all subsequent sales and
rentals from a list of Eligible Households compiled in
accordance with the housing marketing and selection plan;
4.11.10.6.7. Reference to the formula pursuant to which rent ofa rental. unit
or the 0axi0U[n resale price of G homeownership UOU will be
4.11.10J5.8. /\ requirement that only on Eligible Household may reside in
8D Affordable Unit, and that notice of any lease o[ sublease Cf
--
any Affordable Unit to another Eligible Household ohoU be
( >
given 10 the Administering Agency;
4.11.10.6.9. PnJVGi0D for effective DlOOibohOg and enforcement of the
t8[nn8 and provisions of the Affordable Housing Restriction by
the Administering Agency;
4.11.10.8.10. Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the Administering Agency and the
Town of Reading, in a form approved by municipal coUDse|,
and shall limit initial sale and re-sale to, and occupancy by, an
Eligible Household;
4.11.10.0.11. Provision that the restriction on Affordable Rental Units in a
reO[g| Development Project or Fenta| portion of a Development
Project shall run with the rental Development Project or rente|
portion of a Development Project and shall run in favor of the
Administering Agency and/or the nounicipa|ity, in a form
approved by rn|Oidp@| counsel, and shall limit rental and
occupancy to8O Eligible Household;
4.11.10.0.12. Provision that the nwner(s) or0an@geds\ofAffordable Rental
UOO«n\ shall file an annual report b]the Administering Agency,
in a form acceptable to the 8gency, certifying compliance with
the provisions of this By-Law and containing such other
information as may be reasonably requested in order to
ensure affordability;
25
4.11.10.6.13. A requirement that residents in Affordable Units provide such
information as the Administering Agency may reasonably
request in order to ensure affordability; and
4.11.10.6.14. Designation of the priority of the Affordable Housing
Restriction over other mortgages and restrictions.
4.11.10.7. Administration
4.11.10.7.1. Administering Agenc . An Administering Agency for Affordable
Units, which may be the Reading Housing Authority or other
qualified housing entity, shall be designated by the Reading
Board of Selectmen and shall ensure the following:
4.11.10.7.1.1 Prices of Affordable Homeownership Units are properly
computed; rental amounts of Affordable Rental Units
are properly computed;
4.11.10.7.1.2 Income eligibility of households applying for Affordable
Units is properly and reliably determined;
4.11.10.7.1.3 The housing marketing and resident selection plan
conforms to all requirements and is properly
administered;
4.11.10.7.1.4 Sales and rentals are made to Eligible Households
chosen in accordance with the housing marketing and
resident selection plan with appropriate unit size for
each household being properly determined and proper
preference being given; and
4.11.10.7.1.5 Affordable Housing Restrictions meeting the
requirements of this section are recorded with the
Middlesex South District Registry of Deeds or the
Middlesex South Registry District of the Land Court.
4.11.10.7.2. Housing Marketing and Selection Plan. The housing marketing
and selection plan may make provision for payment by the
Project Applicant of reasonable costs to the Administering
Agency to develop, advertise, and maintain the list of Eligible
Households and to monitor and enforce compliance with
affordability requirements.
4.11.10.7.3. Failure of the Administering Agency. In the case where the
Administering Agency cannot adequately carry out its
administrative duties, upon certification of this fact by the
Board of Selectmen or by the Department of Housing and
Community Development, the administrative duties shall
devolve to, and thereafter be administered by, a qualified
housing entity designated by the Board of Selectmen or, in the
absence of such designation, by an entity designated by the
Department of Housing and Community Development.
26
' 4L11'11 Plan Review. The CPDC nhoU be the Approving Authority for Plan
Approvals in the SG[}' and shall adopt and file with the TDVvO Clerk
\--
administrative rules relative to the application requirements and content
for Plan Review. Such administrative [U|eG and any amendment thereto
[Oust be approved by the Department of Housing and {]omnnlunih/
Development. The Plan Review process encompasses the following:
4`11.11.1. The Applicant is encouraged to participate i
a pre-application review at a regular meeting of the Approving
Authority. The purpose of the pre-application review is to minimize the
Applicant's cost of engineering and other technical experts, and to
obtain the advice and direction of the Approving Authority prior to filing
the application. At the pre-application review, the Applicant shall
outline the proposal and seek preliminary feedback from the
Approving Authority, other municipal review entities, and members of
the public. The Applicant encouraged to request
the Approving Authority and/or its designee in order hJfacilitate pre-
application review.
4.11.11.2. Application Procedures
4`11.11.2.1. An application for Plan Approval shall befiled by the Applicant
with the Town Clerk. A copy ofthe application, including the
date of filing certified by the Town C|erk, as well as the
R3qUiR3d number of copies Of the application, shall be filed
'/-
forthwith by the Applicant with the Approving v
( - ) Application submissions must include hard copy as well s
an electronic copy in PDF or CAD format. Said filing 8UaU
include any required forms provided by the Approving
Authority. As part of any application for p|gO AppnJVg| for G
Development Project, the Applicant must submit the hJUOxViDQ
documents to the Approving Authority and the Administering
Agency:
4.11.11.2.1.1 Evidence that the []ave|0p[DeD[ Project complies with
the cost and eligibility requirements ofSection 4.11.10;
4.11.11.2.1.2 Development Project plans that demonstrate
compliance with the design andconatrucUonetandarda
of Section 4.11.9; and
4.11.11.2.1.3 A form of Affordable Housing Restriction that satisfies
the requirements ofSection 4.11.10.
4.11.11.2.2. Review Fees. The Applicant shall be required 0o pay for
reasonable consulting fees to provide pee[ review of the
application for the benefit of the Approving Authority. Such
fees shall be held by the T0VvO of Reading in an interest-
bearing escrow account, and shall be used only for expenses
associated with the use of outside consultants employed by
the Approving Authority in reviewing the P\8O application. Any
surplus funds remaining after the completion of such review,
27
including any interest acc[ued. Gh8U be [8tU[Ded to the
Applicant forthwith;
4.11.11.2.3. Upon receipt bv the Approving Aouthorhv, applications shall be \
distributed to the Building Inspector, Fire Chief, Police [:hie[
Board of Health, Conservation Commission, the Board of
Se|entDl8D' Housing Authority and the Department of Public
Works. Any reports from these parties shall be submitted to
the Approving /\UthO[itv within sixty /60\ days of filing of the
application; and
4.11.11.2.4. Within thirty (90) d@V8 of filing of an application with the
4op[VVOg Authority, the Approving Authority Orits designee
shall evaluate the pn]poG@| with regard t0 its completeness
and shall submit an advisory report iO writing [O the Applicant
certifying the completeness of the application. The Approving
Authority orits designee shall forward to the App|icgnt, with its
report, copies of all F8cOnO08Od8tioDs received to date from
other boards, oonnnniaeiono or departments.
4.11.11.3. Public Hearing. The Approving Authority ahmU hold a oVb|k: hearing
and review all applications according to the procedure specified in
Mass. Gen. Laws Ch. 40R §11and 760 CMR 59.04(1)(f) and shall, at
the Applicant's expense, provide mailed notice of said hearing to all
parties iD interest in accordance with the procedures set forth inMass.
Gen. Laws Ch. 40A§ 11.
'
4.11.11.4. Prior to the granting of any Plan Aopr]V8| for Development Project, \
the Applicant must demonstrate, to the satisfaction of the
Administering Agency, that the method by which such affordable rents
or affordable purchase prices are computed shall be consistent with
state or federal guidelines for affordability applicable to the Town of
Reading. Upon this finding, the Administering Agency must submit iO
writing to the Approving Authority that these affordability components
Of the [>ev8|np0eOt Project are consistent with applicable State or
Federal guidelines for affordability.
4.11.11.5. Plan Approval Decision
4.11.11.5.1. The Approving Authority shall make a decision on the Plan
application, and 8hgU file said decision. together with the
detailed reasons therefore, with the Town C|ad«' within one
hundred twenty. /120\ days Of the date the application was
received by the Town Clerk. The time limit fo[public hearings
and taking of action by the Approving Authority may be
extended by written agreement between the Applicant and the
Approving Authority. A copy ofsuch agreement shall be filed
with the Town Clerk;
4.11.11.5.2. Failure Of the Approving Authority to take action within one
hundred twenty (120) days or extended bDle. J applicable,
shall be deemed to be an approval of the application; \
WO.,
4.11.11.5.3. An Applicant who seeks approval because of the Approving
failure to oo{ on an application within the one
hundred twenty (120) days or extended UOne' if applicable,
must notify the Town Clerk in writing of such approval, within
fourteen (14) days from the expiration Of said time limit for a
d8ciSi0O, and that copy of that notice has been sent bythe
Applicant to the parties in interest bVmail and that each such
notice specifies that appeals, if any, shall be made pursuant ho
Mass. Gen. Laws Ch. 4OFland shall be filed within twenty /2O\
days after the date the Town Clerk received such VVr|UBO
notice from the Applicant that the Approving Authority failed to
act within the time prescribed;
4,11.11.5.4` The Approving findings, includi the basis Ofsuch
DndinQG. oheU be stated in a VVFh1eO decision of @pp[OVa|.
conditional approval or denial of the application for Pk5D
Approval. The written decision shall contain the Oorne and
address of the Applicant, identification of the land affected and
its owno[ohip, and reference by date and title to the plans that
were the subject of the decision. The written decision -shall
certify that a copy of the decision has been filed with the Town
C|g[k' and that all plans referred to in the decision are VD 08
with the Approving Authority;
4.11.11.5.5. The decision of the Approving Authority, together with the
detailed reasons therefore, shall also be filed with the Board of
Appeals and the Building Inspector. 'A copy of the decision
shall be mailed to the owner and to the Aop|ic8Ot, if other than
the OVVOe[' by the Approving Authority certifying that a copy of
the decision has been filed with the Town Clerk and that all
plans referred to in the decision are on file with the Approving
Authority. A notice of the decision shall be sent to the parties
iD interest and to persons who requested a notice 8t the public
heahng;ond
4.11.11.5.8. Effective Date. If twenty /20\ days have elapsed after the
decision has been filed in the office of the Town Clerk without
an appeal having been filed or if such oppea|, having been
filed, isdismissed oF denied, the Town Clerk shall sncertify on
a copy ofthe decision. If the application is approved by reason
,of the failure of the Approving Authority t0 timely act. the Town
Clerk shall make such certification on a copy of the notice of
application. A copy of the decision o[notice of application shall
be recorded with the title of the land in question in the
Middlesex South District Registry Of Deeds, and indexed inthe
grantor index under the name of the owner of record or
recorded and noted on the owner's certificate of title. The
responsibility and the coot of said recording and t[aOonl|tta|
shall be borne by the oxvDe[ of the land in question or the
Applicant.
29
4.11]1.6. Criteria for Approval. The Approving shall approve the ,
Development Project uponUmefoUovvngfindingm:
4.11.11.0.1. The Applicant has submitted the required fees and information \
as set forth in applicable regulations;
4.11.11.6.2. The proposed Development Project as described in the
application meets all of the requirements and standards set
forth in this Section 4.11 and applicable Design St8Ddands, or
G waiver has been granted therefrom; and
4.11.11.0.3. Any extraordinary adverse pVteOb@| impacts of the
Development Project on nearby properties have been
adequately mitigated.
For a Development Project 8UbiectbJ the Affordability requirements of
Section 4.11.10, compliance with Section 4.11.11.8.2. above shall
include written confirmation by the Approving Authority that all
requirements of that Section have been satisfied. Prior to the granting
of Plan Approval for a Project, the Applicant must demonstrate, tothe
satisfaction of the Administering Aoency, that the method by which
such affordable rents or affordable purchase prices are computed
shall be consistent with state or federal guidelines for affordability
applicable to the Town OfReading.
4.11.11.7. Criteria for Conditional Approval. The Approving Authority may
purpose impose conditions on a Development Project as necessary to ensure
compliance with the GSGD requirements of this Section 4.11 and
applicable Design Standards, or to mitigate any extraordinary adverse
impacts of the Development Project on nearby properties, insofar as
such conditions are compliant with the provisions of Mass. Gen. Laws
Ch. 40R and applicable regulations and do not Unduly Restrict
opportunities for development. The Approving Authority may require
construction of an approved Development Project to be phased for the
. the Development
required to address extraordinary adverse Development Project
impacts OO nearby properties and with the implementation of the
infrastructure improvements by the party designated as responsible
under the Infrastructure Letters.
4.11.11.8. Criteria for Denial. The Approving Authority may deny aD application
for Plan Approval pursuant 10 this Section 4.11 of the By-Law only if
the Approving Authority finds one or more of the following:
4.11.11.8.1. The Development does not Dleet the requirements and
' standards set forth in this Section 4.11 and the applicable
Design Standards;
4.11.11.8.2. The Applicant failed tO submit information and fees required bv
this Section 4.11 and necessary for an adequate and timely
review of the design of the Development Project or potential
Development Project i0paCts; or \_
OE
. 411.11.8.8. It is not possible to 8deqVa{ak/ mitigate significant adverse
Development Project impacts on nearby properties by means
of suitable conditions.
4.11.11.9. Time Limit. A project approval shall remain valid and shall nJO with
the land indefinitely provided that construction has commenced within
two /2\ years after the decision iG8Ues. which time shall be extended
by the time required to adjudicate any appeal from such approval.
Said time shall also be extended if the project proponent i8 actively
pU[sU\Dg other required permits for the project or if there is good
cause for the failure t0 coDl[DeOc8 construction, or as may be
provided iOaD approval for a multi-phase Development Project.
4j1.11.10. Appeals. Pursuant to Mass. Gen. Laws [�l. 40R G 11, any person
aggrieved by decision of the Approving Authority may appeal to the
Superior Court, the Land Court, or other court Of competent jurisdiction
within twenty (20) days after the Plan decision has- been filed in the
office of the Town Clerk.
4.11.11.11. Upon approval Ofa Development Project by the Approving
but prior to construction, o pre-construction conference must be held
with TOVVO staff. Prior t0 first occupancy, a pre-Certificate of
Occupancy meeting must be held with Town staff.
4.12. Waivers. The Approving Authority may authorize waivers with respect to
the dimensional and other standards set forth in this Section 4.11 in the
Plan AopnJva|upon o�Oding that such xva�e[xVi||aUovvthe Oeve|opDleDi
< ) ''
Project to achieve the affordability and/or physical character allowable
under this By-Law. HOVVeVe[. the Approving Authority may not waive any
portion of the Affordable Housing requirements in Section 4.11.10 except
insofar as such waiver results in the creation OJ a OVDlbe[ of Affordable
Units in excess of the minimum number Of required Affordable Units.
4^13. The Approving Authority, as a condition of any Plan
AmprOVa|, may allow a Development Project to be phased for the purpose
of coordinating the Development Project with onymibgotion required to
address- any extraordinary adverse Development Project impacts on
nearby properties and with the implementation of the infrastructure
iOlpnJweDleOts by the party designated as responsible under the
Infrastructure Letters.
4.14. Change in Plans after Approval by Approving Authority.
4.14.11. Minor Change. After Plan Approval, GD Applicant may apply tOmake
minor changes in o Development Project involving minor Vb|it« or
building orientation adjustments, or nniDoF adjustments to parking or
other site details that do not affect the overall bVi|dout or building
envelope of the sitg, or provision of open space, number of housing
VnitG. Or housing need or affordability features. Such [niDOr changes
must be submitted to the Approving Authority VD redlined prints of the
approved p|en, reflecting the proposed change, and on application
fo[DlG provided by the Approving Authority. The Approving Authority
may authorize such changes at any regularly scheduled meeting,
31
without the need to hold a public hearing. The Approving Authority
shall set forth any decision to approve or deny such minor change by
motion and written decision, and provide a copy to the Applicant for
filing with the Town Clerk.
4.14.12. Maior Change. Those changes deemed by the Approving Authority to
constitute a major change in a Development Project because of the
nature of the change in relation to the prior approved plan, or because
such change cannot be appropriately characterized as a minor
change as described above, shall be processed by the Approving
Authority as a new application for Plan Approval pursuant to this
Section 4.11.
4.11.15 Fair Housing Requirement. All Development Projects within the GSGD
shall comply with applicable Federal, State and local fair housing laws.
4.11.16 Annual Update. On or before July 31st of each year, the Board of
Selectmen shall cause to be filed an Annual Update with the Department
of Housing and Community Development (DHCD) in a form to be
prescribed by DHCD. The Annual Update shall contain all information
required in 760 CIVIR 59.07, as may be amended from time to time, and
additional information as may be required pursuant to Mass. Gen. Laws
Ch. 40S and accompanying regulations. The Town Clerk of the Town of
Reading shall maintain a copy of all updates transmitted to DHCD
pursuant to this By-Law, with said copies to be made available upon
request for public review.
4.11.17 Notification of Issuance of Building Permits. Upon issuance of a
residential building permit within the GSGD, the Building Inspector of the
Town of Reading shall cause to be filed an application to the Department
of Housing and Community Development (DHCD), in a form to be
prescribed by DHCD, for authorization of payment of a one-time density
bonus payment for each residential building permit pursuant to Mass.
Gen. Laws Ch. 40R. The application shall contain all information required
in 760 CIVIR 59.06(2), as may be amended from time to time, and
additional information as may be required pursuant to Mass. Gen. Laws
Ch. 40S and accompanying regulations. The Town Clerk of the Town of
Reading shall maintain a copy of all such applications transmitted to
DHCD pursuant to this By-Law, with said copies to be made available
upon request for public review.
4.11.18 Date of Effect. The effective date of this By-Law shall be the date on
which such adoption is voted upon by Town Meeting pursuant to the
requirements of Mass. Gen. Laws Ch. 40A § 5 and Mass. Gen. Laws Ch.
40R; provided, however, that an Applicant may not proceed with
construction pursuant to this By-Law prior to the receipt of final approval
of this By-Law and accompanying Zoning Map by both the Department of
Housing and Community Development and the Office of the
Massachusetts Attorney General.
32
4.11.19 Severabilit . If any provision of this Section 4.11 is found to be invalid by
a court of competent jurisdiction, the remainder of Section 4.11 shall not
be affected but shall remain in full force. The invalidity of any provision of
this Section 4.11 shall not affect the validity of the remainder of the
Zoning By-Laws of the Town of Reading.
And to see if the Town will vote to amend the Zoning Map of the Town of Reading as
follows:
or take any other action with respect thereto.
Community Planning and Development Commission
Background: Articles 4 and 5 will be discussed together as part of the presentation on
the redevelopment plans for the Addison Wesley Pearson site. Background information
on each article follows each article.
Article 4, Smart Growth Overlay District Background:
The 24.81 acre Addison Wesley Pearson site at the southern gateway to Reading has
been vacant for since the late 1990s. A rezoning to office and hotel use led previous
developers to present proposals whose impacts were considered too intense for the
area. National Development of Newton, MA and Town of Reading officials have worked
together for the past year on a redevelopment approach to the site that includes a
request to the Commonwealth of Massachusetts to designate about 10 acres of the site
as a Smart Growth Overlay District under M.G.L. Chapter 40R. The designation would
provide cash incentives from the Commonwealth of Massachusetts to the Town
projected at up to $956,000 for allowing as-of-right zoning for specified higher densities
than the underlying zoning allows and for allowing a mix of uses. Smart Growth Overlay
Districts are designated in locations that have existing infrastructure, existing business
development, and are close to transportation access. Smart Growth Districts provide for
33
4XV
laftt:lme
—o WAF
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,ADDISON—WESLEY /F PUBLI I Ll INC,
CO.
01(.13494 P0,523
IZI
W LAW
Wo PRW= :O1a10 o Y USTNU
"MNAY 30M` QMN � 'G=
READING
MASSACHUSETTS
or take any other action with respect thereto.
Community Planning and Development Commission
Background: Articles 4 and 5 will be discussed together as part of the presentation on
the redevelopment plans for the Addison Wesley Pearson site. Background information
on each article follows each article.
Article 4, Smart Growth Overlay District Background:
The 24.81 acre Addison Wesley Pearson site at the southern gateway to Reading has
been vacant for since the late 1990s. A rezoning to office and hotel use led previous
developers to present proposals whose impacts were considered too intense for the
area. National Development of Newton, MA and Town of Reading officials have worked
together for the past year on a redevelopment approach to the site that includes a
request to the Commonwealth of Massachusetts to designate about 10 acres of the site
as a Smart Growth Overlay District under M.G.L. Chapter 40R. The designation would
provide cash incentives from the Commonwealth of Massachusetts to the Town
projected at up to $956,000 for allowing as-of-right zoning for specified higher densities
than the underlying zoning allows and for allowing a mix of uses. Smart Growth Overlay
Districts are designated in locations that have existing infrastructure, existing business
development, and are close to transportation access. Smart Growth Districts provide for
33
specific design standards for local control over appearance and site impacts. The
residential density and affordable component of the proposed Smart Growth District will
also help the Town attain a level of 10% affordable housing stock.
The Smart Growth Overlay District Application was submitted to the Massachusetts
Department of Housing and Community Development by vote of the Board of Selectmen
in August 2007. The Department of Housing and Community Development is reviewing
the Town's application, and is expected to issue a Letter of Eligibility prior to Town
Meeting. If Town Meeting approves the Smart Growth Overlay District, the state would
be expected to issue its final approval, and the zoning would be in place for the Town
and National Development to proceed with the permitting process.
The redevelopment concept is shown below. The apartments at lower left on the next
two maps show the proposed Smart Growth Overlay District.
Proposed Smart Growth Overlay District shown shaded at lower left on the next map.
34
I x
�� /15353 mm WAr
LEY PUBUS ING. CO.
•8K-113494-P0 623
WIREW
IRS
PLAN OF LVAD
MURNWO PROPOSED ZONIMO OVERLAY DISPICT
OmvJNVO DMED, aATMY Wn GROWTH DISINCr
READING
MASSACHUSEM
Finance Committee Report: No report.
Bylaw Committee Report: Action Pending.
Community Planning & Development Commission Report: The Community
Planning & Development Commission, by a vote of 5-0-0 on November 5, 2007,
recommends that Town Meeting approve the 40R Smart Growth Zoning Overlay District
as recommended to the Board of Selectmen,
2-9W.
ARTICLE 5 To see if the Town of Reading will vote to amend the Zoning By-
Laws as follows:
1. Amend Section 2.0 Definitions, by adding the following new definition:
2.2.2.28.1 Senior Independent Living: A facility that provides dwelling units for
residents over the age of 55, with no permanent residents under the
age of 18, in a single or multiple buildings or in separate townhouses or
cottages, and may include common areas for the use of residents.
2. Amend Section 4.2.2 Table of Uses, in the column for Business C District as
follows:
35
3.
Apartment — Delete "NO" and substitute "NOA" and add at the end of the Table of
Uses: "A" Townhouses shall be permitted in the Business C District.
Nursing Home — Delete "NO" and substitute "YESE3" and add at the end of the
Table of Uses: "B" Nursing Home and Senior Independent Living shall be
permitted in the Business C District.
The revised 4.2.2. Table of Uses showing the two above changes is shown below.
The modified portions of the table are in bold text and are not shaded. (The
shaded portions are shown for reference only.)
7%01
yesB
_ A �Townhouses 'shall 'bepermitted in the Business C District. Business C District.
B Home and Senior Independent Living shall be permitted in the B
Amend Section 5.3.1.4. by adding a new sub-section 5.3.1.4.d. as follows:
d. Maximum Allowable Development — Senior Housing and Townhouses. The plan
entitled: "Business C Planning Subdistricts", dated October 2, 2007, on file with
the Building Inspector and the Town Clerk, and incorporated herein by reference,
establishes. four . (4) Planning Subdistricts within the Business C
District. Townhouses shall only be permitted within Planning Subdistrict A and
shall be limited to no more than 16 units. Senior independent living and/or
nursing home units shall only be permitted in Planning Subdistricts 6 and 'D,
provided that (a ) no more than 160 units shall be permitted in any Planning
Subdistrict, ( b) no more than 310 units shall be permitted within the-enMm
Busi and (c) no more than two (2) Planning Subdistricts, may
contain senior independent living and/or nursing home units.. Furthermore,
except as provided herein, no office or other allowed uses shall be permitted in a
Planning Subdistrict as a principal use if there are senior independent living
and/or nursing home units in such Planning Subdistrict. In order to encourage a
36
^ [DiX Of uses within a Planning Subdistrict that also contains senior independent
living and/or nursing home units, up to 1000 square feet of office or other allowed
principal Uo8G shall be permitted for each senior independent living and/or
\--- nursing home unit less than 160 units that is not constructed within a Planning
Subdistrict. For example, a Planning Subdistrict could contain 120 senior
independent living and/or nursing home unite and up to 40'000 square feet of
office or other allowed principal uses. FV[the[, the boundaries of a Planning
Subdistrict may be modified by the CPOC based upon 'Site Plan Review
applications submitted by the landowner or its agents for proposed developments
within the Business CDistrict.
4. /\nleOd Section 5.3.1.4 by adding a new sub-section 5.3.1.4.e. as fV|k]VVs:
e. For purposes of determining compliance with the foregoing requirements and the
height limitation in Table 5.1.2. all such setbacks and buffer areas shall be
measured from the boundary line between the Business C [JiGth[t and the
adjoining Residence S-2O District and the Residence E]-15 District.
5. Amend Section 8.1.1.3, as
In the PhO(jpa| Use co|UDlO' add "Senior Independent Living" to "Lodging Houses,
Hotels, Motels and Tourist Homes" and in the Principal Use column, add
"TowOhnVGe^[o"Townhouse Development" GO that the entire entry in the Table of
CJff-81r88t Parking and Loading/Unloading Requirements would read as follows:
(The modified portions Cf the table are iD bold text and are not shaded. The shaded
portions are shown for reference on|y.):
Lodging Housea, Hotels'
W1otm|a, Tourist Homes, and
Senior Independent Living
Development
37
6. Amend Section 4.3.3., Site Plan Review, by adding a new Section 4.3.3.12.3 as
follows:
4.3.3.12.3 Waiver of Parking, Loading Space and Related Design Requirements in
the Business C District.
Upon the applicant's request and submission of supporting
documentation, the Community Planning and Development Commission may waive
or reduce the requirements under Section 6.1.1.3 and Section 6.1.2, provided there
is no adverse impact in the areas described in Section 4.3.3.6,
And to see if the Town will vote to amend the Zoning Map of the Town of Reading as
follows:
N�� P
n
SV"Z=X7X
SVEM3121cre
or take any other action with respect thereto.
gow-
Community Planning and Development Commission
Background: Articles 4 and 5 will be discussed together as part of the presentation on
the redevelopment plans for the Addison Wesley Pearson site. Background information
on each article follows each article.
Article 5, amendment to Business -C Zoning Background:
National Development of Newton worked with Town officials over the past year to
present a redevelopment proposal for the Addison Wesley site that includes Town
houses, Senior Independent Living, Nursing Home care, and office use. The current
zoning of the Addison Wesley site is Business C, adopted by Town Meeting in 2000.
This is the only Business C district in Reading. The proposed zoning change in Article 5
would continue to allow all the existing uses in Business C District, while adding Senior
Independent Living, Nursing Home, and Town houses. The proposed zoning bylaw
amendment also designates Maximum Allowable Development densities for each use in
9.9
^GUbdistricte^ of the Gite, and in the site as a whole. Parking and Loading
specified Requirements are also provided with the proposed uses inmind.
The four "subdisthots" referred to in the proposed amendment iothe Business C District
are shown on the next map.
Finance Commiftee Report: No report.
Bylaw Commiftee Report: Action Pending.
|
.
Community Planning & Development Commission Report: The Community
Planning & Development Commission, by a vote of 5-0-0 on November 5, 2007,
recommends that Town Meeting approve the amendments to the Business C District as
recommended to the Board of Selectmen by a 5-0-0 favorable vote on November 5,
39
and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1 ) public place in each precinct of the Town not less than fourteen (14) days prior to
December 10, 2007, the date set for the meeting in said Warrant, and. to publish this
Warrant in a newspaper published in the Town, or providing in a manner such as
electronic submission, holding for pickup or mailing, an attested copy of said Warrant to
each Town Meeting Member.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting. -
Given under our hands this 6th day of November, 2007.
Alar?k Ulrich, Constable
40
James E. Bonazoli, Chairman
)4
Stephen kGol /y, Vice Chairman
Richard W. Schubert
SELECTMEN OF READING
CONDUCT OF TOWN MEETING
Reading's Town Meeting is conducted in accordance with the rules set down in
Article 2 of the Charter and the General Bylaws. Although Town Meeting Time Third
Edition is the basic source, a Town Meeting Member need only be familiar with what is
contained in the Charter. These notes are intended to outline the major points all Town
Meeting Members should know, and which by knowing, will make Town Meeting more
understandable.
ORGANIZATION
♦ Town Meeting consists of 192
elected members, of which 97
constitute a quorum.
♦ There are two required sessions: the
Annual Meeting in Spring which is
primarily for fiscal matters and
acceptance of the annual budget,
and the Subsequent Meeting in
November. Special Town Meetings
may be called at any time that the
need arises.
♦ There are three main committees
which review certain Articles and
advise Town Meeting of their
recommendations:
Finance for all expenditures of funds;
Bylaw for all bylaw changes; and the
Community Planning and
Development Commission for all
zoning changes.
Their reports are given prior to
discussing the motion.
GENERAL RULES OF PROCEDURE
The Meeting is conducted through
the Warrant Articles which are
presented (moved) as motions.
Only one motion may be on the floor
at a time; however, the motion may
be amended. Often two or more
Articles which address the same
subject may be discussed together;
however, only one is formally on the
floor, and each when moved is acted
upon individually. Note that the vote
on one may influence the others.
♦ Members who wish to speak shall
rise, state their name and precinct in
order to be recognized.
A Member may speak for ten (10)
minutes but permission must be
asked to exceed this limit.
♦ Seven (7) Members can question a
vote and call for a standing count
and twenty (20) can ask for a roll call
vote; however, a roll call vote is
seldom used because of the time it
takes.
PRINCIPAL MOTION ENCOUNTERED
AT TOWN MEETING
The following motions are the principal
ones used in most cases by Town
Meeting to conduct its business.
Experience shows that the Members
should be familiar with these.
♦ Ad"our : Ends the sessions, can be
moved at any time.
♦ Recess: Stops business for a short
time, generally to resolve a
procedural question or to obtain
information.
41
♦ Lay on the Table: Stops debate
with the intention generally of
bringing the subject up again later.
May also be used to defer action on
an Article for which procedurally a
negative vote is undesirable.
Note that tabled motions die with
adjournment.
♦ Move the Previous Question:
Upon acceptance by a two- thirds
(2/3) vote, stops all debate and
brings the subject to a vote. This
is generally the main motion, or
♦ The most recent amendment, unless
qualified by the mover. The reason
for this as provided in Robert's Rules
of Order is to allow for other
amendments should they wish to be
presented.
♦ Amend: Offers changes to the main
motion. Must be in accordance with
the motion and may not substantially
alter the intent of the motion. In
accordance with Robert's Rules of
Order, only one primary and one
secondary motion will be allowed on
the floor at one time, unless
specifically accepted by the
Moderator.
♦ Indefinitely Postpone: Disposes
of the Article without a yes or no
vote.
♦ Take from the Table: Brings back a
motion which was previously laid on
the table.
♦ Main Motion: The means by which
a subject is brought before the
Meeting.
THE FOLLOWING MOTIONS MAY BE
USED BY A MEMBER FOR THE
PURPOSE NOTED:
♦ Question of Privilege: Sometimes
used to offer a resolution. Should
not be used to "steal" the floor.
s Point of Order: To raise a question
concerning the conduct of the
Meeting.
♦ Point of Information: To ask for
information relevant to the business
at hand.
MULTIPLE MOTIONS
SUBSEQUENT (MULTIPLE) MOTIONS
If the subsequent motion to be offered,
as distinct from an amendment made
during debate, includes material which
has previously been put to a vote and
defeated, it will be viewed by the
Moderator as reconsideration and will
not be accepted. If the subsequent
motion contains distinctly new material
which is within the scope of the Warrant
Article, then it will be accepted. An
example of this latter situation is
successive line items of an omnibus
budget moved as a block.
SUBJECT TO THE FOLLOWING
CONSIDERATIONS
♦ The maker of any proposed multiple
motion shall make their intent
known, and the content of the
motion to be offered shall be
conveyed to the Moderator - prior to
the initial calling of the Warrant
Article.
e Once an affirmative vote has been
taken on the motion then on the floor
- no further subsequent alternative
motions will be accepted. (Obviously
does not apply to the budget, for
example.)
42
( I
♦ Also - There can only be one motion
on the floor at any one time. You
have the ability to offer amendments
to the motion that is on the floor. You
also have the ability to move for
reconsideration.
TOWN OF READING BYLAW
ARTICLE 2: TOWN MEETINGS
2.1 General
Section 2.1.
The Annual Town Meeting shall be held
on the third Tuesday preceding the
second Monday in April of each year for
the election of Town officers and for
other such matters as required by law
to be determined by ballot.
Notwithstanding the foregoing, in any
year in which presidential electors are to
be elected, the Board of Selectmen may
schedule the commencement of the
Annual Town Meeting for the same date
designated as the date to hold the
Presidential Primary.
Section 2.1.2
The polls for the Annual Town Meeting
shall be opened at 7:00 a.m..and shall
remain open until 8:00 p.m.
Section 2.1
All business of the Annual Town
Meeting, except the election of such
Town officers and the determination of
such matters as required by law to be
elected or determined by ballot, shall be
considered at an adjournment of such
meeting to be held at 7:30 p.m. on the
second Monday in April, except if this
day shall fall on a legal holiday, in
which case the Meeting shall be held
on the following day or at a further
adjournment thereof.
Section 2.
A Special Town Meeting called the Sub-
sequent Town Meeting shall be held on
the second Monday in November,
except if this day shall fall on a legal
holiday, in which case the Meeting shall
be held on the following day.
The Subsequent Town Meeting shall
consider and act on all business as may
properly come before it except the
adoption of the annual operating budget.
Section 2.1.5
Adjourned sessions of every Annual
Town Meeting after the first such
adjourned session provided for in
Section 2.1.3 of this Article and all
sessions of every Subsequent Town
Meeting, shall be held on the following
Thursday at 7:30 p.m. and then on the
following Monday at 7:30 p.m. and on
consecutive Mondays and Thursdays,
unless a resolution to adjourn to another
time is adopted by a majority vote of the
Town Meeting Members present and
voting.
Section 2.1.6
The Board of Selectmen shall give
notice of the Annual, Subsequent or any
Special Town Meeting at least fourteen
(14) days prior to the time of holding
said Meeting by causing an attested
copy of the Warrant calling the same to
be posted in one (1) or more public
places in each precinct of the.Town, and
either causing such attested copy to be
published in a local newspaper or
providing in a manner such as
electronic submission, holding for
pickup, or mailing, an attested copy of
said Warrant to each Town Meeting
Member.
Section 2.1.7
All Articles for the Annual Town Meeting
shall be submitted to the Board of
Selectmen not later than 8:00 p.m. on
the fifth Tuesday preceding the date of
election of Town officers unless this day
is a holiday in which case the following
day shall be substituted.
43
All Articles for the Subsequent Town
Meeting shall be submitted to the Board
of Selectmen not later than 8:00 p.m.
on the fifth Tuesday preceding the
Subsequent Town Meeting in which
action is to be taken, unless this day is
a holiday, in which case the following
day shall be substituted.
Section 2.1.8
The Board of Selectmen, after drawing
a Warrant for a Town Meeting, shall
immediately deliver a copy of such
Warrant to each Member of the Finance
Committee, the Community Planning
and Development Commission, the
Bylaw Committee and the Moderator.
2.2 Conduct of Town Meetings
Section 2.2.1
In the conduct of all Town Meetings, the
following rules shall be observed:
Rule 1: A majority of the Town Meeting
Members shall constitute a quorum for
doing business.
Rule 2: All' Articles on the Warrant
shall be taken up in the order of their
arrangement in the Warrant, unless
otherwise decided by a majority vote of
the Members present and voting.
Rule 3: Prior to debate on each Article
in a Warrant involving the expenditure of
money, the Finance Committee shall
advise the Town Meeting as to its
recommendations and the reasons
therefore.
Rule 4: Prior to a debate on each
Article in a Warrant involving changes in
the Bylaw or Charter, petitions for a
special act, or local acceptance by Town
Meeting of a State statute, the Bylaw
Committee shall advise the Town
Meeting as to its recommendations and
reasons therefore.
Rule 5: Every person shall stand when
speaking, shall respectfully address the
Moderator, - shall not speak until
recognized by the Moderator, shall state
his name and precinct, shall confine
himself to the question under debate
and shall avoid all personalities.
Rule 6: No person shall be privileged
to speak or make a motion until after he
has been recognized by the Moderator.
Rule 7: No Town Meeting Member or
other person shall speak on any
question more than ten (10) minutes
without first obtaining the permission of
the Meeting.
Rule 8: Any non-Town Meeting
Member may speak at a Town Meeting
having first identified himself to the
Moderator. A proponent of an Article
may speak on such Article only after first
identifying himself to the Moderator and
obtaining permission of Town Meeting to
speak. No non-Town Meeting Member
shall speak on any question more than
five (5) minutes without first obtaining
the permission of the Meeting. Non-
Town Meeting Members shall be given
the privilege of speaking at Town
Meetings only after all Town Meeting
Members who desire to speak upon the
question under consideration have first
been given an opportunity to do so.
Rule 9: Members of official bodies who
are not Town Meeting Members shall
have the same right to speak, but not to
vote, as Town Meeting Members on all
matters relating to their official bodies.
Rule 10: No speaker at a Town
Meeting shall be interrupted except by a
Member making a point of order or
privileged motion or by the Moderator.
44
Rule 11: Any person having e
monetary or equitable interest in any
matter under discussion at o Town
Meeting and any person employed by
another having such an interest, Sh8|}
disclose the fact Of his iO05PeGt or his
employer's interest before speaking
thereon.
Rule 12: The Moderator shall decide all
questions of order subject to appeal to
the nnmgting, the question on which
appeal shall be taken before any other.
Rule 13: When a question is put, the
Vote on all [n81tere shall be taken by a
show of hands, and the Moderator shall
declare the vote asit appears tOhim. If
the yNOderQ1o[ is unable to decide the
vote by the show of hands' or if his
decision is immediately questioned by
semen /7\ or more me[Ob8ng' he shall
determine the question by ordering o
standing vote and he shall appoint
tg||ena 10 make and return the C0VDt
directly to him. On request of not less
than twenty /2O\members, o vote shall
be taken by roll call.
Rule 14: All original [n8in [OoboDG
having to do with the expenditure of
money shall be presented in writing, and
all other DlVboDs shall be in writing if so
directed by the Moderator.
Rule 15: No motion shall be received
and put UnU| U is seconded. No motion
made and seconded GhgU be withdrawn
if any Member Vh|8ctS. No amendment
not relevant to the ouNaot of the original
motion shall beentertained.
Rule 16: When 8 qUeSUVO is Under
dobote, no motion shall be in order
except (1) to adjourn, (2) to lay on the
table o[ pass over, (3) to postpone for a
certain time, /4\ to CnOl0Oit' /5\ to
@DleDd. (0) to postpone indefinitely or
(7) to fix a time for terminating debate
and putting the question, and the afore-
said several nnotkzno shall have
precedence in the order in which they
stand arranged inthis Rule.
Rule 17: K8OtkJng to adjourn (except
when balloting for offices and when
votes are being taken) shall always bg
first in order. W1OboOS to adjourn, to
00Ve the. question, to lay on the table
and to take from the table 8hO|| be
decided without debate.
Rule 18: The previous question shall
be put in the following form orinsome
other form having the same meaning:
"Shall the main question now bepUt?'"
and until this question is decided all
debate on the main question shall be
suspended. |f the previous question be
adopted, the sense of the meeting shall
immediately be taken upon any pending
g[DeOdDleDtS in the order inverse to that
in which they were moved except that
the largest sum o[ the longest time shall
be put first, and finally upon the main
Rule 19: The duties of the Moderator
and the conduct and method of
proceeding at all TOVVO K8eetiOQS. not
prescribed by |gxV or by rules set forth in
this Article, Gh8|| be determined by [V|eG
of practice Get forth in Town Meeti[Ig
Time Third Edition except that to lay on
the table shall require a majority vote.
Section 2.2.2
It shall be the duty of every official body,
by a Member thereof, to be in
attendance at all Town Meetings for the
information thereof while any subject
matter is under consideration effecting
such official body.
Section 2.2.3
All committees authorized by Town
Meeting shall be appointed by the
Moderator unless otherwise ordered by
a vote Of the Members present and
45
voting. All committees shall report as
directed by the Town Meeting. If no
report is made within a year after the
appointment, the committee shall be
discharged unless, in the meantime, the
Town Meeting grants an extension of
time. When the final report of a
committee is placed in the hands of the
Moderator, it shall be deemed to be
received, and a vote to accept the same
shall discharge the committee but shall
not be equivalent to a vote to adopt it.
Section 2.2.4 Motion to Reconsider
2.2.4.1 A motion to reconsider any
vote must be made before the final
adjournment of the Meeting at which the
vote was passed but such motion to
reconsider shall not be made at an
adjourned meeting unless the mover
has given notice of his intention to make
such a motion, either at the session of
the meeting at which the vote was
passed or by written notice to the Town
Clerk within twenty-four (24) hours after
the adjournment of such session.
When such motion is made at the
session of the meeting at which the vote
was passed, said motion shall be
accepted by the Moderator but
consideration thereof shall be
postponed to become the first item to be
considered at the next session unless all
remaining Articles have been disposed
of, in which case reconsideration shall
be considered before final adjournment.
There can be no reconsideration of a
vote once reconsidered or after a vote
not to reconsider. Reconsideration may
be_ ordered by a vote of two-thirds (2/3)
of the votes present.
Arguments for or against
reconsideration may include discussion
of the motion being reconsidered
providing such discussion consists only
of. relevant facts or arguments not
previously presented by any speaker.
2.2.4.2 The foregoing provisions
relating to motions to reconsider shall
not apply to any such motion made by
the Board of Selectmen and authorized
by the Moderator as necessary for the
reconsideration of actions previously
taken by Town Meeting by reason of
State or Federal action or inaction or
other circumstances hot within the
control of the Town or Town Meeting.
In the event such a motion to reconsider
is made and authorized, said motion
may be made at any time before the
final. adjournment of the Meeting at
which the vote was passed, said motion
may be made even if the vote was
already reconsidered, or was the subject
of a vote not to reconsider and
reconsideration may be ordered by a
vote of two-thirds (2/3) of the votes
present.
2.2.4.3 Notice of every vote to be
reconsidered at an adjourned Town
Meeting shall be posted by the Town
Clerk in one (1) or more public places in
each precinct of the Town as soon as
possible after adjournment,. and he
shall, if practicable, at least one (1) day
before the time of the next following
session of said Adjourned Meeting,
publish such notice in some newspaper
published in the Town.
Said notice shall include the vote to be
reconsidered and the place and time of
the next following session of said
Adjourned Meeting. The foregoing
notice provisions shall not apply when a
motion to reconsider any Town Meeting
action is made publicly at Town Meeting
before the adjournment of any session
of any Adjourned Town Meeting.
Section 2.2.5
The Selectmen shall, at each Annual
Town Meeting, give to the Members
information of the State of the Town.
46
Section 2.2.6
The Town Meeting Members and Town
Meeting Members-Elect from each
precinct shall hold an annual precinct
meeting after the Annual Town Election
but before the convening of the
business sessions of the Annual Town
Meeting.
The purpose of the meeting shall be the
election of a Chairman and a Clerk and
to conduct whatever business may be
appropriate. Chairman shall serve no
more than six (6) consecutive years in
that position. Additional precinct
meetings may be called by the
Chairman or by a petition of six (6)
Town Meeting Members of the precinct.
Section 2.2.7 Removal of Town
Meeting Members
2.2.7.1 The Town Clerk shall
mail, within thirty (30) days after the
adjournment sine die of a Town
Meeting, to every Town Meeting
Member who has attended less than
one half (1/2) of the Town Meeting
sessions since the most recent Annual
Town Election, a record of his
attendance and a copy of Section 2-6 of
the Charter.
2.2.7.2 Town Meeting Members
of each precinct shall consider at a
precinct meeting to be conducted in
accordance with Section 2.2.6 of these
Bylaws and Section 2-6 of the Charter,
preceding the consideration of the
Article placed upon the Annual Town
Meeting Warrant in accordance with
Section 2-6 of the Charter, the names of
Town Meeting Members in that precinct
appearing on said Warrant Article and
adopt recommendations to Town
Meeting as to what action should be
taken regarding each such Member.
The Chairman of each precinct or his
designee shall make such
recommendations along with supporting
evidence and rationale to Town
Meeting.
2.2.7.3 The names of the
Members subject to removal in
accordance with Section 2-6 of the
Charter shall be grouped by precinct in
the Warrant Article required by said
Section.
Section 2.2.8 Meetings During
Town Meeting
No appointed or elected board,
commission, committee or other entity of
Town Government shall schedule or
conduct any hearing, meeting or other
function during any hours in which an
Annual, Subsequent or Special Town
Meeting is in session or is scheduled to
be in session.
Any such board, commission or
committee which schedules or holds a
meeting or hearing on the same
calendar day but at a time prior to a
session of Town Meeting shall adjourn
or recess not less than five (5) minutes
prior to the scheduled session of Town
Meeting.
Any Board, Commission or Committee
may, at the opening of any session of
Town Meeting, present to that Town
Meeting an instructional motion
requesting an exemption from this
Bylaw and asking that Town Meeting
permit it to meet at a date and hour at
which a future session of Town Meeting
is scheduled and may present reasons
for Town Meeting to give such
permission.
Notwithstanding the foregoing, any
board, commission or committee which
meets the requirements of Section 23B
of Chapter 39 of the General Laws
concerning emergency meetings may,
upon meeting such requirements,
conduct such a meeting or hearing at a
time scheduled for a Town Meeting.
L
ITA