HomeMy WebLinkAbout2002-12-09 Special Town Meeting Warrant ReportTown of
Reading
Massachusetts
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Report on the Warrant
Special Town Meeting
December 9, 2002
TABLE OF CONTENTS
SPECIAL TOWN MEETING
December 9, 2002
Article
Title
Sponsor
Page #
1
Reports
Board of Selectmen
2
2
Instructions
Board of Selectmen
2
3
Amending FY 2003 - FY 2012 Capital
Board of Selectmen
3
Improvements Program
4
Accepting Mass. General Laws c. 44,
Board of Selectmen
3,4
Section 53F1/2 - Creating an
Enterprise Fund for the Landfill
Financial Assurance Mechanisms
5
File Home Rule Petition making West
Board of Selectmen
4
Street a Heavy Vehicle Exclusion Street
6
Amending the Zoning By-Law re:
CPDC
4-35
Planned Unit Development for the
Longwood Poultry Farm Site
7
Amending the Zoning Map re: Planned
CPDC
35
Unit Development for the Longwood
Poultry Farm Site
APPENDIX
Article 5 - Letter of January 30, 1990
37,38
concerning West Street
Article 7 - Zoning Map
39
40
-46
Conduct of Town Meeting
- COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on November 21, 2002 notified and warned the
inhabitants of the Town of Reading, qualified to vote on town affairs, to meet at the place
and at the time specified by posting attested copies of this Town Meeting Warrant in the
following public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Registry of Motor Vehicles, 275 Salem Street
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Alice M. Barrows School, 16 Edgemont Avenue
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Charles Mobil on the Run, 1330 Main Street
The date of posting being not less than fourteen (14) days prior to December 9,
2002, the date set for the Special Town Meeting in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of November 22, 2002.
Daniel W. Hallo n, Constable
A true copy. Attest:
L2
Aileen A. Shaw, Assistant Town Clerk
SPECIAL TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland
Road, on Monday, December 9, 2002, at seven thirty o'clock in the evening, at which
time and place the following Articles are to be acted upon and determined exclusively by
Town Meeting Members in accordance with the provisions of the Reading Home Rule
Charter.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town
Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Town Manager and any other Board
or Special Committee.
Board of Selectmen
Background: This Article appears on the Warrant for every Town Meeting. There are
no known reports under this Article.
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 to Town Officers and Special
Committees, and to see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of funding Town Officers
and Special Committees to carry out the instructions given to them, or take any other
action with respect thereto.
Board of Selectmen
Background: This Article appears on the Warrant for every Town Meeting. There are
no known instructions under this Article.
Finance Committee Report: No report.
2
_ Bylaw Committee Report: No report.
ARTICLE 3 To see if the Town will vote to amend the FY 2003 - FY 2012
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
Background: This Article appears on the Warrant for every Town Meeting. There are
no known instructions under this Article.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 4 To see if the Town will vote to accept Chapter 44, Section 53FY2
relative to the establishment of an Enterprise Fund known as the "Landfill Closure and
Post-Closure Monitoring Fund." The purpose of this fund is to establish a financial
assurance mechanism in accordance with the requirements of the Department of
Environmental Protection relative to the closure of the landfill and the post-closure
maintenance and monitoring costs, or take any other action with respect thereto.
Board of Selectmen
Background:. As part of the closure and sale of the landfill, the Town of Reading is
required by the Massachusetts Department of Environmental Protection (DEP) to
establish an Enterprise Fund in order to guarantee the closure of the landfill, and to
guarantee its ongoing maintenance and monitoring for up to 30 years. Collectively,
these requirements are known as the "Financial Assurance Mechanism" (FAM).
The $3 million from the sale of the site will be placed in the Enterprise Fund. If
there is a problem with the closure, DEP may order the Town to correct the problem.
The Town will hold a $3 million Letter of Credit (LOC).from Home Depot, and will have
recourse to the Letter of Credit to make any corrections without using the Enterprise
Fund, but the DEP requires the Town to have the Enterprise Fund to guarantee to them
(DEP) the necessary corrective actions. The DEP will not accept the Letter of Credit as
the Financial Assurance Mechanism.
When each phase of the closure is complete, DEP will allow the Town to transfer
a portion of the FAM from the Enterprise Fund to the Sale of Real Estate Fund where the
funds will be available to the Town to spend in accordance with the requirement of the
Sale of Real Estate Fund - for capital needs, debt service or unfunded pension liability.
In addition to the FAM to guarantee the closure of the site, the FAM will also
cover the ongoing cost of maintenance and monitoring of the site for up to 30 years.
The developer will deposit with the Town at the same time as the passing of papers, two
times the estimated annual cost of monitoring and maintenance. Each year thereafter,
the property owner will deposit an additional year's worth of the cost of monitoring and
maintenance. Once the landfill closure is complete and the monitoring and maintenance `
work is required, the property owner will perform the work and will annually "bill" the
Enterprise Fund for reimbursement. There will always be at least two additional years of
the cost of monitoring and maintenance in the Enterprise Fund until the end of the 30
years, or until such earlier date as DEP may no longer require the monitoring and
maintenance of the cap.
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 7-0-0. This Enterprise Fund is required to be established in
order to ensure the proper closure and maintenance/monitoring of the landfill site, and all
interest from the moneys deposited will stay with the Enterprise Fund. The first deposit
into the Enterprise Fund will be the $3 million from the sale of the landfill. These moneys
will be "released" by DEP to be transferred into the Town's Sale of Real Estate Fund as
progress is made on the landfill closure. We expect that total to be released within 30
months. The remainder of the developer's deposits into the fund are required to ensure
the maintenance and monitoring of the site after it is developed, and funds will be
transferred out of the Enterprise Fund as work on maintenance and monitoring is
accomplished on an annual basis.
Bylaw Committee Report: No report.
ARTICLE 5 To see if the Town will authorize the Board of Selectmen to file a
Home Rule Petition with the General Court making West Street in Reading a "Heavy
Vehicle Exclusion" Street, or take any other action with respect thereto.
Board of Selectmen
Background: This Article would ask the legislature to establish by law the heavy
vehicle exclusion on West Street that was agreed to by the City of Woburn along with
the Town of Wilmington and the Town of Reading. In a letter dated January 30, 1990, a
copy of which is included in this material, the three communities agreed to cooperate on
a number of traffic improvement issues, including making West Street a "Heavy Vehicle
Exclusion" once other projects were completed. The other projects have been
completed but Woburn and Wilmington are reluctant to meet the agreement on West
Street. This Article, if successful, would create the regulations agreed to in 1990 by the
three communities.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 6 To see if the Town will vote to amend Section 4.9 Planned Unit
Development of the Reading Zoning By-Laws as follows:
Remove all text found within Section 4.9 Planned Unit Development of the Reading ;
Zoning By-Law and replace with the following Section 4.9:
4
4.9. PLANNED UNIT DEVELOPMENT
4.9.1. Statement of Purpose and Authority:
The purpose of this Section is to encourage the construction of Planned Unit
Developments (PUDs) in designated Districts within the Town. Planned Unit
Developments shall:
a. Permit a mix of land uses, densities and building types in one development.
b. Facilitate high quality, integrated planning of large-scale developments beneficial
to the Town and constructed in a manner which is highly responsive to specific
sites and their surroundings.
C. Require more rigorous development standards than those found in other zoning
districts.
4.9.2. Overlay Districts:
Planned Unit Development Districts shall take the form of overlay districts covering all or
part of Industrial Districts and designated portions of Residential Districts on the Reading
Zoning Map. For any land within a PUD District, a Developer may choose to conform
either to the zoning regulations which govern the underlying district or to the PUD
overlay regulations and procedures set forth by this Section, whose specific provisions
shall supersede all other provisions in the Zoning By-Laws with respect to the underlying
district including, without limitation, use, intensity, dimensions, parking and site plan
review; however, the provisions of any other overlay district shall continue to apply.
Planned Unit Development Districts are overlaid on two zoning districts: Industrial and
Residential Zones. Section 4.9 controls development in this overlay utilizing the
following terms: PUD-1 for Planned Unit Development District - Industrial for PUD's
overlaid in the industrial Zone and PUD-R for Planned Unit Development District-
Residential overlaid in the Residential zone. Language noted herein for PUD denotes
the control is for development in both Residential and Industrial zones.
4.9.2.1. Definitions:
The following terms shall have, for the purposes of this PUD By-Law, the meanings
hereby assigned to them:
a. Affordable Housing: Housing units priced to be available for purchase or rental
by households with annual incomes that do not exceed eighty percent (80%) of
the median annual household income for the Boston Metropolitan Area as
determined by the most recent calculation of the U.S. Department of Housing
and Urban Development and so that the annual housing unit cost to the
household does not exceed 30% of the annual gross income of the household.
b. Commercial: A use or structure that is used other than for residential, public,
quasi-public or heavy industrial purposes.
C. Developer: One or more entities proposing together to develop a Planned Unit
Development parcel.
d. DNA: Deoxyribonucleic acid.
e. Existing: In existence at the time of filing a complete Preliminary PUD Plan
submission.
Floor Area Ratio (or "FAR"): In a PUD, the ratio of total gross building floor
area in a PUD to the area of the development parcel. Gross floor area shall be
measured from outside wall surfaces and shall include ground floor areas of
interior atriums and lobbies, and mechanical and utility space on habitable floors;
but shall exclude rooftop space, balconies, elevator pits, or non-habitable areas
enclosed by ornamental roofs. Structured parking shall not be counted in the
determination of Floor Area Ratio. Areas classified as wetlands in MGL, Chapter
131, Section 40, as amended, may not exceed 10% of the development parcel
area used to compute FAR.
g. Minor Street: A street used primarily for access to abutting properties or carrying
volumes of traffic less than 10,000 vehicles per average day.
Maior Street: A street used for through access and carrying volumes of traffic
greater than 10,000 vehicles per average day.
PUD By-Law: Section 4.9. of the Reading Zoning By-Laws including all
subsections thereof.
Recombinant DNA (RDNA) Technology: The industrial science of molecular
construction outside living cells by joining natural or synthetic DNA segments
to DNA molecules that can replicate in a living cell.
k. Residential Street: Any section of a street which lies within a residential zoning
district or any section of a street the centerline of which forms a boundary of a
residential zoning district.
Site: The development parcel upon which a PUD is proposed.
M. Structured Parking: In a PUD, a parking garage or all or part of building floors
above or below grade to be used for automobile parking.
4.9.3. Special Permit for Planned Unit Development:
The Community Planning and Development Commission (the "CPDC"), as the Special
Permit Granting Authority, shall have authority to grant a Special Permit to construct a
Planned Unit Development ("PUD) by a vote of at least four members of the five-
member CPDC. The CPDC shall evaluate proposed PUD projects and require all such
projects to conform to the Planned Unit Development requirements, standards and
guidelines set forth in Sections 4.9.4. and 4.9.5 as to a. PUD in the Industrial District
("PUD-1") and as set forth in Sections 4.9.5. and 4.9.6 as to a PUD in a Residential
6
District ("PUD-R") to ensure that the benefits to the Town of a proposed project outweigh
any adverse impacts before granting a Special Permit. The CPDC shall adopt and from
time to time may amend regulations for the review of PUD Developments as provided in
MGL, Chapter 40A, Section 9.
The CPDC shall interpret all provisions of this PUD By-Law and all definitions and .
regulations pertinent thereto and shall provide such interpretations upon request by an
applicant for a Special Permit to construct a PUD.
4.9.3.1. Overview of Special Permit Process:
A Developer choosing to construct a Planned Unit Development in a PUD District shall
apply for a Special Permit with the Community Planning and Development Commission.
The Special Permit process shall include:
a. Pre-Application Conference (Optional)
b. Preliminary PUD Plan Review
C. Final PUD Plan Review
4.9.3.1.1. Alternative Procedure: As an alternative to the provisions of Sections
4.9.3.3., 4.9.3.5.,4.9.3.7., 4.9.3.8. and 4.9.3.10., a Developer may elect to follow an
alternative process as specified below:
a. Preliminary Plan Submission of Application
The Developer shall submit an Abbreviated Notice of Resource Area Delineation
to the Reading Conservation Commission according to Massachusetts General
Laws, Chapter 131, Section 40 and Reading General Bylaws, Section 5.7., and
obtain an Order of Resource Area Delineation relative to the proposed site
including an official delineation of any wetlands contained on the site, such
delineation to be accurately depicted on development plans subsequently
submitted for the site.
b. Subsequent to such Order of Resource Area Delineation, the Developer shall
request in writing that a joint public meeting of the CPDC and the Conservation
Commission to be held with the Developer to review the Developer's proposed
development. The Developer shall supply such written and graphic material, in
twenty copies, to fully describe and explain the intended development concept,
together with potential alternative options, including number, location, and height
of buildings, vehicular and pedestrian circulation, parking, landscaping, open
space, drainage control, wetlands protection, off-site improvements, and any
other features relevant to the development concept.
C. Within thirty-five days of a request for a joint public hearing, the CPDC and the
Conservation Commission shall hold at least one session of a joint public
meeting with the Developer to discuss the development concept and the options,
issues, concerns and other matters relative to the proposal. All 'parties of
interest' shall be given such notice of this meeting as required for a public
hearing under Massachusetts General Laws Chapter 40A. Particular attention
shall be paid to:
7
(1) Obtaining input from both Commissions simultaneously.
(2) Identifying concepts, options and approaches relative to the
development, potentially acceptable to both Commissions within
their respective purview, authority and responsibilities.
(3) Reviewing mitigation measures which meet the concerns of both
Commissions.
d. Within sixty-five days of the filing by the Developer of a complete Final PUD
Plan, the CPDC shall hold a public hearing to consider issuance of a Special
Permit to construct a PUD. The Final PUD Plan shall be a definitive plan of the
development and contain such information as specified in Section 4.9.3.9.
Approval of the Special Permit shall be granted upon determination by the CPDC
that the Final PUD Plan conforms with and meets the applicable requirements,
standards and guidelines set forth in Sections 4.9.4., 4.9.5., and 4.9.6 in a
manner consistent with the concept presented and the Commission's input
received according to Paragraph 4.9.3.1.1.b. The Special Permit may be granted
with conditions, or not granted, or granted by inaction, according to Section
4.9.3.11.
The Final PUD Plan may include application for approval of a proposed subdivision of
the site in accordance with the Rules and Regulations Governing the Subdivision of
Land in Reading. A separate endorsable Definitive Subdivision Plan meeting the
requirements of said Rules and Regulations may be included as part of the Final PUD
Plan documents, and the public hearing for consideration of such subdivision plan shall
be held by CPDC concurrent with the Special Permit public hearing referenced herein.
At the Developer's election, the Conservation Commission shall hold at least one
session of a public hearing simultaneously with the CPDC Special Permit public hearing
referenced herein, for considering the Developer's Notice of Intent relative to the
proposed PUD development. The hearing shall be scheduled mutually between the
CPDC and the Conservation Commission. The request for such simultaneous public
hearing must be accompanied by or preceded by a complete Notice of Intent submission
and all relevant application fees in accordance with Massachusetts General Laws,
Chapter 131, Section 40 and Reading General Bylaws, Section 5.7., and a waiver of the
time requirements for the Conservation Commission's holding of a hearing and issuance
of an Order of Conditions under said Chapter 131, Section 40 and said General Bylaws,
Section 5.7. The Conservation Commission may at its discretion continue sessions of its
public hearing to or deliberate an Order of Conditions at places and times independent
of the CPDC's public hearing or meetings.
4.9.3.2. Pre-Application Conference:
A Developer desiring to obtain a Special Permit to construct a Planned Unit
Development may request a Pre-Application Conference with the Community Planning
and Development Commission prior to. submitting an application for the Special Permit.
The purpose of the Pre-Application Conference shall be to discuss both the Developer's
intentions and the CPDC's requirements with respect to the proposed PUD. Although not
required, this preliminary meeting is desirable since it should help to clarify many
procedural and policy issues. .
At the Pre-Application Conference, the CPDC shall discuss with the Developer the
process for obtaining a Special Permit to construct a PUD and explain to him/her issues
and scopes of studies that should be considered in planning the project, including
specific submission items, such as appropriate vantage points for visual analysis and
extent of the traffic study area. The need for a three-dimensional model for large projects
shall be discussed by the developer and CPDC and a determination shall be made as to
whether such a model shall be an application requirement. The CPDC shall review
existing studies pertinent to the development and the status of other approved PUDs
which should be considered in the Developer's analyses. The Developer may discuss
his/her development concept and range of options concerning development. Any
statement at the Pre-Application Conference made by either the CPDC or the Developer
concerning potential disposition of a Special Permit application or the final form of the
development shall not be legally binding.
The Developer shall not be required to present any written, quantitative, or graphic
materials at the Pre-Application Conference. The CPDC shall make available to the
Developer at this time any forms required for application for a Special Permit to construct
a PUD.
4.9.3.3. Preliminary Plan:
A Developer who wishes to apply for a Special Permit to construct a PUD shall submit to
the CPDC an application including a Preliminary PUD Plan submission for the entire
proposed project. If the Developer of the PUD comprises more than one entity, all
participating entities shall be signatories to the Special Permit application. Two copies of
the Preliminary PUD Plan shall remain available to the public during the application
process and shall be located in the Town Clerk's Office and Reading Public Library. Any
three-dimensional model of the proposed project as may be required shall be displayed
at a suitable public building within the Town.
The CPDC shall require a Submission Fee sufficient to cover consultant fees and any
other costs associated with reviewing the Preliminary and Final Plan Submissions. The
fee amounts shall be as specified in the CPDC's "Fee Schedule for Site Plan Review
Process."
4.9.3.4. Preliminary Plan Submission:
The Preliminary PUD Plan shall include a complete set of written, quantitative, and
graphic materials in the appropriate number according to the PUD Plan Submission
Regulations adopted by the CPDC and amended by it from time to time in accordance
with MGL, Chapter 40A, Section 9.
9
4.9.3.5. Town Review:
Between the date a Developer submits a complete application for a Special Permit to
construct a PUD and the date of the first Public Hearing, the CPDC may distribute the
Preliminary PUD Plan for review to Town Departments, elected and appointed Town
Boards, and such professional planning, architecture, and engineering consultants as
the CPDC deems appropriate and whose fees are paid for by the developer. All
comments on the Preliminary PUD Plan shall be submitted in writing to the CPDC before
the scheduled date of the first Public Hearing. All written comments shall be made a part
of the public record on the application for a Special Permit and shall remain a public
record.
4.9.3.6. Public Hearing on Preliminary Plan:
Within 65 days of the date of receipt of a complete application for a Special Permit to
construct a PUD, the CPDC shall hold a Public Hearing. The purpose of the Public
Hearing shall be to solicit public comments concerning the Preliminary PUD Plan.
4.9.3.7. Action on Preliminary Ian:
Within 21 days after the close of said Public Hearing, the CPDC shall make a
determination concerning the Preliminary PUD Plan. If the CPDC approves the
Preliminary PUD Plan or conditionally approves it subject to modifications, then the
Developer shall submit a Final PUD Plan, as specified in Section 4.9.3.9. If the CPDC
disapproves the Preliminary PUD Plan, then the application for the Special Permit shall
be denied, and the CPDC shall state in writing its reasons for denial. If the CPDC makes
no decision within the specified time limit, then the Preliminary PUD Plan shall be
considered approved, and the Developer shall prepare a Final PUD Plan.
4.9.3.8. Public Improvements Compensation:
When reviewing a Developer's Preliminary PUD Plan, the CPDC shall analyze the
proposed PUD to determine what if any extraordinary public improvements are
necessary to accommodate or service the project. The Developer shall be required by
the CPDC to provide such needed improvements at no cost to the Town, or alternatively,
to offset the expense of such improvements to be provided by the Town. The CPDC
shall engage a consultant, at the expense of the applicant to estimate the costs of any
such improvements. Such estimate shall be reviewed by the Reading Public Works
Director and the Town Engineer.
4.9.3.9. Submission of Final Plan:
The Final PUD Plan shall be a definitive plan of development with design sufficiently
developed to provide the basis for the CPDC's determinations regarding the
requirements, standards, and guidelines of this PUD By-Law, and shall include a
complete set of written, quantitative, and graphic materials in the appropriate number
according to the PUD Plan Submission Regulations adopted by the CPDC and amended
by it from time to time in accordance with MGL, Chapter 40A, Section 9. The Final PUD
Plan shall be consistent with the approved Preliminary PUD Plan except for changes by
amendment or in accordance with conditions attached to the CPDC's approval of the
Preliminary PUD Plan and shall satisfy all such conditions.
10
The Developer shall submit a Final PUD Plan to the CPDC no later than 59 days after
the issuance of the decision referred to in Section 4.9.3.7. Failure to submit a Final PUD
Plan within the specified time period shall result in termination of the application for a
Special Permit to construct a PUD.
Two copies of the Final PUD Plan shall remain available to the public during the
application process and shall be located in the Town Clerk's Office and the Reading
Public Library. Any three-dimensional model of the proposed project as may be required
shall be displayed at a suitable public building within the Town.
4.9.3.10. Additions or Amendments to the Preliminary Plan:
Additions or amendments to the Preliminary PUD Plan at this stage shall be deemed
either major or minor by the CPDC according to Sections 4.9.3.13. and 4.9.3.14. Minor
additions or amendments shall be authorized by written approval of the CPDC. Major
additions or amendments shall be considered as original items to the application and be
subject to the procedures specified in Section 4.9.3.12. The CPDC shall decide whether
proposed changes are major or minor.
4.9.3.11. Public Hearing and Decision on Final Plan:
Within 21 days after the submission as per Section 4.9.3.9 of a complete PUD Plan, the
CPDC shall hold a Public Hearing to consider issuance of a Special Permit to construct
( a PUD in accordance with the Final PUD Plan. Approval of the Special Permit shall be
granted upon determination by the CPDC that the Final PUD Plan conforms with and
meets the applicable requirements, standards, and guidelines set forth in Sections
4.9.4., 4.9.5., and 4.9.6. in a manner consistent with the approved Preliminary PUD
Plan, and contains all revisions required by the CPDC in its conditional approval of said
Plan. The CPDC may grant the Special Permit with conditions consistent with its
approval of the Preliminary PUD Plan, and the conditions shall be agreed to in writing by
the Developer before the Special Permit is granted. If not granting a Special Permit to
construct a PUD, the CPDC shall make its final decision in writing and shall specify its
reasons for denial. If the CPDC makes no decision within the 90 days after the close of
the Public Hearing referred to in Section 4.9.3.9, then the Final PUD Plan shall be
considered approved and the Special Permit to construct a PUD shall be deemed
granted.
4.9.3.12. Amendments to Final Plan:
After approval of the Special Permit by the CPDC, the Developer may seek amendments
to the Final PUD Plan.
Amendments to the Final PUD Plan shall be considered major or minor. Minor
amendments, as specified in Section 4.9.3.13. shall be authorized by written approval of
the CPDC. Major amendments, as specified in Section 4.9.3.14. shall be grounds for
reconsideration of the Special Permit to construct a PUD and shall be reviewed subject
to procedures specified above in Sections 4.9.3.4. through 4.9.3.12., as applicable.
Denial of a proposed major amendment shall not invalidate the Special Permit to
construct a PUD in conformance with the previously approved Final PUD Plan.
11
4.9.3.13. Minor Amendments:
Minor Amendments are changes which do not substantially alter the concept of the
approved PUD in terms of floor area ratio, use, height, provision of open space, or the
physical relationship of elements of the development. Minor amendments shall include,
but not be limited to the following: small changes in floor area, mix of uses, site
coverage, height, setbacks, or open space; small changes in the location of buildings,
open space, or parking; or small changes in the alignment of minor streets on-site.
4.9.3.14. Major Amendments:
Major Amendments represent substantial deviations from the PUD concept approved by
the CPDC. Major amendments shall include but not be limited to the following: large
changes in floor area, mix of uses, site coverage, height, setbacks, or open space; large
changes in the location of buildings, open space, or parking; or large changes in the
circulation system, including the number and location of access ways.
4.9.3.15. Development Schedule:
The Developer shall begin construction of the PUD within 24 months of the date of the
granting of the Special Permit (or, if applicable, following appeal as provided in MGL,
Chapter 40A, Section 9) in reasonable conformance with the development schedule
submitted with the Final PUD Plan. The CPDC shall grant in writing an extension of this
time period of up to an additional 24 months upon determination of good cause. If the
Developer fails to commence construction of the PUD within 24 months plus any
approved extension period, the Special Permit shall lapse.
4.9.3.16. Phased Development:
If a phased development is proposed by the Developer, the Final PUD Plan shall contain
all required written, quantitative, and graphic information necessary to evaluate the
proposed PUD as a whole and to serve as a basis for granting the Special Permit, plus a
final Development Schedule for the completion of the PUD indicating the proposed dates
and scope of work to be accomplished. in each phase. Site improvements may be
phased only in conformity with the phasing schedule included in the approved Final PUD
Plan, and only to the extent that all requirements, standards, and guidelines of this PUD
By-Law are met in each phase. The initial phase shall include at a minimum the site
improvements necessary for one or more buildings and may, at the Developer's option,
include one or more buildings.
Deviations from the Final PUD Plan in any phase shall be designated a major or minor
amendment to the Final PUD Plan by the CPDC and treated as such according to
Section 4.9.3.93.
If the PUD is to be developed in phases, the Developer shall begin the construction of
each phase in accordance with the approved Phasing Schedule; however, the CPDC
shall grant additional extensions in the timing of phases for up to 24 months each as
minor amendments to the Final PUD Plan, upon the determination of a reasonable
cause. If the Developer fails to commence construction of a PUD phase within the
specified time limit for that phase, including any approved extension period, said failure
12
( shall be deemed a major amendment to the Final PUD Plan, and the phase at issue and
all subsequent phases which depend upon said phase for their construction and
operation in conformance with the Final PUD Plan must be re-approved in accordance
with Section 4.9.3.13.
4.9.3.17. Conformity with PUD Plan and Special Permit:
The CPDC shall include as a condition to all Special Permits granted for construction of
PUDs that no construction of a PUD or any phase thereof may be authorized until the
CPDC has reviewed and approved a Design Submission for work to be done, such
submission to include architectural, site, and landscape design documents, sufficiently
developed to permit review of conformance to the Final PUD Plan and Special Permit
conditions, in accordance with the PUD Plan Submission Regulations of the CPDC.
If deemed necessary by the CPDC, a Public Hearing may be held for review of any
Design Submission. Design Submissions shall be reviewed by the CPDC solely for
conformity with the Final PUD Plan, with Special Permit conditions, and, only to the
extent not already reviewed and approved, with the requirements, standards, and
guidelines applicable to the construction of the phase in question. If the CPDC makes no
decision upon a Design Submission within 90 days of receipt of all required materials,
said Special Permit condition shall be deemed to be satisfied regarding said PUD or
phase thereof.
The CPDC shall adopt regulations requiring one or more of the following in amounts and
duration sufficient to guarantee that all commitments in the approved PUD Plan to
provide public improvements or to take other actions are properly completed:
performance bonds, deposit of money or negotiable securities with the Town, or a
satisfactory agreement with a lending institution to retain funds pending completion of
such improvements or actions. If a PUD Plan is being developed in phases such
guarantees may be provided in the discretion of the CPDC in increments relative to the
phases being developed.
If, for any PUD or construction phase thereof, the. CPDC finds that either the Developer
has failed to begin development within the specified time period, including any approved
extension period, or that *the Developer is not proceeding in conformity with the Special
Permit, then the CPDC may, after 60 days from written notice (and any additional period
which the CPDC may deem necessary so as to provide the Developer reasonable
opportunity to cure any deficiencies), revoke the Special Permit as it applies to the
phase of construction at issue, and/or require that the Developer amend the Final PUD
Plan subject to procedures specified in the Amendments to Final PUD Plan, Section
4.9.3.13. If the CPDC revokes the Special Permit for the PUD then the Final PUD Plan
shall be null and void as it applies to the phase of construction at issue and all
subsequent phases which depend upon said phase for their construction and operation
in conformance with the Final PUD Plan. The provisions of this paragraph are additional
to the Reading Building Inspector's powers of enforcement under the Zoning By-Laws
and Massachusetts State Building Code.
Upon satisfaction of all applicable Special Permit conditions, the CPDC shall issue a
certificate of compliance for one or more PUD phases. No certificate of occupancy shall
be issued for a given PUD-1 phase until a certificate of compliance has been issued.
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4.9.4. Use and Dimensional Requirements at PUD-I:
The following paragraphs shall serve as the basic Use and Dimension Requirements to
which all PUN projects shall adhere within each PUD-I overlay district and shall be
used by the Community Planning and Development Commission to evaluate any
proposed project.
4.9.4.1. PUD-1 Parcel Size and Eligibility:
The minimum size of a PUD-I development parcel shall be 80,000 square feet.
Development parcels of 500,000 square feet or larger shall be termed "large PUD-Is"
and qualifying parcels smaller than 500,000 square feet shall be termed "small PUD-Is."
A development parcel may consist of land in more than one ownership, provided that all
lots comprised by the parcel lie entirely within the PUD-1 overlay district and are
contiguous. Lots separated by a minor street or right-of-way as defined in Section
4.9.2.1. may be considered contiguous for this purpose.
Proposed developments may include pre-existing buildings provided that all PUD-I
requirements are satisfied by each new or existing building and for the PUD as a whole.
More than one principal building may be located on a lot, Section 5.2.8. notwithstanding.
4.9.4.2. PUD-I Permitted Uses:
Planned Unit Developments in an Industrial District may contain two or more of the
following uses subject to the findings of the CPDC as to net benefit and adverse impacts
of the proposed PUD:
a. Office use;
b. Research and Development uses, such as electronic or computer laboratories;
biotechnology laboratories including those which utilize RDNA technology and
low-level nuclear materials; light manufacturing related to electronic or computer
laboratories or biotechnology laboratories including those which utilize RDNA
technology and low-level nuclear materials, but excluding activities which
exclusively possess, use or transfer licensed nuclear materials (including source
materials, special nuclear materials, or by-product materials as defined in Title
10, Chapter 1 of the Code of Federal Regulations, Part 20, "Standards for
Protection Against Radiation"), or other toxic or hazardous materials;
C. Hotel;
d. Restaurant (with no drive-thru service), place of assembly, and recreational use;
e. Retail;
f. Financial institution;
g. Consumer service, ancillary to a permitted primary use pursuant to this
Section 4.9.4.2.;
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h. Parking (including structured parking) to accommodate the above;
L Residential uses within 200 feet of Residence Districts;
j. Open space.
All other uses are excluded from a Planned Unit Development in an Industrial zone.
4.9.4.3. PUN Intensitv of Use:
The permitted intensity of use in a PUD-1 development shall be expressed as the ratio of
total gross building floor area to the area of the development parcel (Floor Area Ratio or
"FAR') Gross floor area shall be measured from outside wall surfaces and shall include
ground floor areas of interior atriums and lobbies, and mechanical and utility space on
habitable floors; but shall exclude rooftop space, balconies, elevator pits, or non-
habitable areas enclosed by ornamental roofs. Structured parking shall not be counted in
the determination of Floor Area Ratio. Areas classified as wetlands in MGL, Chapter
131, Section 40, as amended, may not exceed 10% of the development parcel area
used to compute FAR. The basic allowable FAR for PUD-1 developments is 0.50 for
small PUD-1 s and 0.55 for large PUD-1s.
4.9.4.4. PUD-1 Discretional Intensity and Height Determination:
The CPDC may approve additional FAR above the basic ratio for small or large PUD-Is
and additional height above the basic limit if it finds in applying the criteria of Section
4.9.4.5. that the net benefits to the Town are thereby increased.
The CPDC may in no case increase the permitted Floor Area Ratio beyond 0.65 for
small PUD-1 and 0.70 for large PUD-Is nor may it increase permitted height beyond the
maximum limitations of Section 4.9.4.6.
4.9.4.5. Criteria for Determining Increased Development Intensity and Height in a
PUD-1 District:
The basic allowable intensity of use may be increased in a PUD-1 if the CPDC finds that
provision of one or more of the following public improvements or amenities provides
substantial public benefits. The additional building area permitted should be
commensurate with the quality and value to the Town of one or more of the following
improvements and amenities:
a. Significant improvement of the environmental condition of a site;
b. Provision of or contribution to off-site public facility improvements which enhance
the general condition of the district and surrounding areas;
C. Dedication of open space or recreational facilities for use by the general public;
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Provision of open space beyond 15% of the parcel area, or of outdoor /
recreational facilities for use by a PUD-1 project's occupants or by the l
general public, and of sufficient size and quality to offset fully any adverse
aesthetic effects of proposed parking garages;
e. Work with other owners and tenants of a PUD-1 overlay district to develop and
achieve district-wide and adjacent neighborhood improvement goals;
Provision of public art, distinctive and appropriate design, or other amenities that
a Developer may propose which will provide unique advantages to the general
public or contribute to achieving Town-wide improvement goals;
g. Provision of low or moderate income or elderly housing within the PUD-I in
conformance with this PUN By-Law and/or off site in a manner acceptable to
the Reading Housing Authority.
4.9.4.6. PUD-1 Dimensional Requirements:
Each PUD-I development shall be governed by the dimensional requirements of this
section. These requirements apply only to the development parcel as a whole, not to
individual lots within the PUD-I.
The basic maximum height within a PUD-I shall be the lesser of 84 feet or six stories.
Height shall be measured in the manner defined in Section 2.0. 'of this By-Law.
The maximum height of residential structures within a PUD-1 shall not exceed 40 feet or .
three stories. If 10 percent of such units are restricted for low or moderate income or
elderly housing, the maximum height of all proposed residential structures shall not
exceed 50 feet or four stories.
In a large PUD-I, the CPDC may in its discretion and in accordance with Section 4.9.4.4.
approve building heights up to 168 feet or 12 stories, whichever is less, subject to the
following limitations:
a. Buildings with over eight stories may not contain in aggregate more than one
third of the total gross floor area of the PUD-1;
b. At least one third of the gross floor area of the PUN shall be contained in
buildings with six stories or lower;
C. Only one building over 10 stories may be built for every 1,000,000 square
feet of PUN parcel area;
d. Buildings shall be oriented and arranged to provide the best overall appearance
from important vantage points, which may be identified in a Pre-Application
Conference;
e. The increase in permitted height may not have any significant adverse effect
on the PUN Overlay District, adjacent residential districts or abutting property. /
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However, the CPDC shall in no case approve building heights above the basic maximum
height for any Planned Unit Development-Industrial in the area bounded by the MBTA
railroad right-of-way and by the lots fronting on Ash Street.
4.9.4.6.1. PUD-I Setbacks and Buffers:
All non-residential buildings shall be located at least 50 feet from the boundary of the
PUD-l parcel. All non-residential buildings shall be located at least 150 feet from
residential structures in existence at the time of Preliminary PUD-I Plan submission.
All residential buildings within a PUD-1 shall be at least 30 feet from the parcel boundary
but no further than 200 feet from a Residential District. There shall be a landscaped
and/or naturally vegetated buffer at least 50 feet wide where the development parcel
abuts residential properties. Alternatively, where residential uses occur in the PUD-I, a
landscaped and/or naturally vegetated buffer at least 30 feet wide shall be provided.
Along major arterial streets, as defined in Section 4.9.2.1., buildings shall be set back at
least 75 feet (or the height of the building if greater than 75 feet), and a landscaped
and/or naturally vegetated buffer at least 50 feet wide shall be provided along such
major streets, except where site entrances occur.
No buffer may contain parking or paved surfaces except for pedestrian paths and site
entrances. Between 9:00 am. and 3:00 p.m. (EST) from February 21 to October 21, no
building may cast a shadow on any residential structure in existence at the time of
( 1 Preliminary PUD-I Plan submission.
A PUD-I shall set aside at least 15% of its total parcel area as required open space;
additional open space will be considered in proposed development intensities in excess
of the basic permitted FAR and height.
Required Open Space shall have a minimum dimension of 20 feet (which may include
the dimension across a water body) and shall be open to tenants and customers within
the PUD-I; access by the general public is desirable and will be considered in proposals
for additional development intensity and height.
A PUD-1 which includes residential use shall delineate the area of residential use and
shall set aside at least 25% of the site within this area as open space available to and
usable by the occupants of the residential units.
Required Open Space may include:
a. Wetlands and water bodies, including the normal water surface area of
detention or retention ponds up to 50% of the required open space area;
b. Vegetated/landscaped area, including buffers;
C. Pedestrian paths, sidewalks, and covered walkways;
I d. Public plazas and hard surfaced recreation areas.
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4.9.5. Environmental Standards and General Development Guidelines:
In addition to conforming to the Use and Dimensional Requirements governing all PUD
Overlay Districts, approval of a Special Permit to construct a PUD shall be granted also
upon determination by the Community Planning and Development Commission that a
proposed PUD satisfies the following criteria; in any disapproval of a PUD, the CPDC
shall state in writing the specific reasons for its finding that the proposed PUD does not
satisfy one or more of the criteria. Mitigation measures proposed by the Developer, at no
cost to the Town, shall be considered. Mitigation measures may include, among other
options the advancement or contribution to long term capital improvement projects.
The following is the criteria CPDC shall use in making such satisfactory determinations:
a. That it conforms as appropriate to the existing policy plans established by the
Town Meeting, Selectmen, and CPDC for the specific area of the Town in which
the proposed PUD is located.
b. That there is no significant adverse effect under any of the following:
(1) Quality of site design, building design, and landscaping as they affect
occupants of the proposed development, the PUD Overlay District,
adjacent residential districts, and the Town of Reading as a whole;
(2) Traffic flow and safety in the context of this and other proposed
developments in the PUD Overlay District and sensitive nearby areas,
which may be identified in the scope of a state Environmental Impact
Report and/or in a Pre-Application Conference;
(3) Water quality, air quality, wetlands, and the natural environment;
(4) Provision of open space;
(5) Adequacy of utilities and other public works and impact on existing
public facilities within the Town; and
(6) Potential fiscal impact to the Town of Reading.
C. That approval of the proposed PUD provides benefits to the Town which
outweigh all adverse effects, as evaluated under the above criteria.
4.9.5.1. Environmental Standards:
A PUD shall conform in each phase to all applicable federal, state, and local laws and
regulations (including all such regulations established by the U.S. Environmental
Protection Agency and the Massachusetts Department of Environmental Protection)
regarding the environment such as those concerning noise, air quality, wetlands, water
quality, and protection from flooding.
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4.9.5.2. Transportation, Site Circulation and Parking:
No vehicular access (except for emergency vehicles and structured parking access)
shall be allowed between the portion of a Planned Unit Development used for non-
residential purposes and any residential street. Safeguards shall be imposed by the
CPDC to prohibit or minimize commercial traffic access across residential areas.
Dwellings built pursuant to a PUD-R Special permit and which are located within 300
feet of a Town Boundary shall be accessed through the abutting municipality to the
extent lawful and feasible as determined by the CPDC.
4.9.5.2.1. Significant Traffic Impact: The CPDC may not approve a proposed PUD
which in its opinion has significant adverse traffic impact, as determined following
examination by the CPDC of the Developer's traffic analysis and any other traffic
analysis of the affected area available to the CPDC which is germane to the proposed
PUD.
In making its determination, the CPDC shall consider the feasibility of any capacity
improvements and mitigating measures proposed to be provided by the Developer at no
cost to the Town. In making such determinations, the full traffic impact of all other
previously approved and valid permits shall be considered, regardless of project
phasing. Without limitation, the determination of significant adverse impact shall consider
traffic volumes, speeds, and resulting levels of service on residential streets, approaches
to the site of the proposed PUD, and other key locations, all of which may be identified in
a Pre-Application Conference.
4.9.5.2.2. Transportation Plan: The PUD Developer shall prepare an acceptable
Transportation Plan aimed at reducing traffic congestion through means such as
spreading peak hour traffic, encouraging public transportation use and ride sharing. The
Plan shall include transportation goals and specific means to achieve them, such as
employment of a Transportation Coordinator to facilitate proposed actions; provision of
shuttle bus service to public transportation;` van-pooling programs; and flex-time
requirements. The Plan shall to the extent feasible include provisions to establish a
mechanism for participation in the Plan by subsequent owners and tenants of the PUD,
and the Developer shall guarantee sufficient financing of the Transportation Plan to
initiate and continue its operation through the first year of PUD occupancy. Developers
may arrange to coordinate their plans and share in the cost of such measures on an
area-wide basis.
4.9.5.2.3. Site circulation shall meet accepted design standards for private
automobiles, service vehicles, and emergency vehicles.
It is highly desirable to consolidate access to PUD's in a small number of widely spaced
principal access points, which may be driveways or Town-accepted side streets lying
entirely within the PUD Overlay District. Principal access should be consolidated in as
few locations as possible and, if feasible, it is desirable for adjacent developments to
share principal access. Principal access points generally should be spaced and aligned
or alternated according to good traffic engineering practice, and should be signalized if
necessary..
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4.9.5.2.4. Parking should be provided in at least the following ratios through each
phase of development, unless the CPDC determines that a larger number of spaces are C,I
dictated by special circumstances:
a. For office and research and development uses, and uses ancillary to them,
three parking spaces per 1000 gross square feet of floor area;
b. For hotels and customary uses within them, one parking space per rentable
room or suite;
C. For residential uses, two parking spaces per unit, which parking spaces may
be stacked (one space being located directly behind the other) to a depth of
two spaces if serving the same residential unit. The CPDC may allow shared
parking on adjacent premises to count towards the residential parking
requirement, if the CPDC determines that such shared parking meets the
criteria in Section 4.9.5.2.5;
d. For places of assembly, one parking space per four seats;
e. For restaurants, one parking space for every four persons of the rated seating
capacity of the facility, plus one parking space for every employee on the largest
shift;
f. For retail uses, one parking space per three hundred square feet of gross sales
floor area;
C
g. For financial institutions, one parking space for each one hundred square feet of
floor area devoted to general banking services for public uses, including area for
automatic teller machines, plus one parking space for each two hundred and fifty
square feet devoted to office use, plus stacking lanes for six cars at each drive-
thru, plus one bypass lane for the drive-thru area.
Ancillary uses should not normally require additional parking spaces.
Loading requirements shall be determined based on activity analysis provided by the
Developer.
Parking stall size shall be at least 8.5 by 18 feet, with provision for larger spaces as
required by the CPDC to accommodate short term parking, handicapped and large
vehicles.
Parking lots shall be landscaped in conformance with Section 4.9.5.5.6.
4.9.5.2.5. Shared parking may be approved by the CPDC as part of the PUD
decision subject to the following criteria:
a. Shared parking areas must be shown on a plan, be definable, be separated by
topography from other shared parking areas, and be in close proximity to the
uses they serve;
Q
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( b. Parking needs between the uses sharing parking areas shall be shown by the
applicant to be different in terms of the times of the peak needs with little overlap
of such peak needs;
C. The number of parking spaces for a shared parking area shall be at least the
required number for the larger of the needs;
An executed lease or other form of agreement between or referencing the parties
sharing parking must be filed with the CPDC and the Town Clerk prior to
issuance of a building permit for the uses sharing the parking, such agreement
shall be approved as to form, only, by Town Counsel;
e. If uses, or parties in interest noted in subsection d. above, change for the areas
delineated on the PUD plan, then a modification subject to the requirements of
Section 4.9.3.14. shall be filed and decided upon by the CPDC prior, to the
issuance of building permits for the proposed areas.
4.9.5.2.6. Roadways within a PUD shall be constructed in conformance with
standards established by the Reading Department of Public Works.
The design of the overall circulation pattern shall be prepared in accordance with the
principles and concepts established in "Recommended Practices for Subdivision Streets"
prepared by the Institute of Traffic Engineers (1965).
4.9.5.3. Public Works Standards:
All on-site and off-site improvements, which include the installation of utilities, public
lighting, sewers and other public improvements, shall be constructed according to the
standards of the Reading Public Works Department and other appropriate departments.
4.9.5.4. Control of Runoff and Flooding:
The Developer shall demonstrate that, as compared with the situation that would exist
on the site without the PUD, no phase of the proposed PUD will result in an increase in
the peak rate of storm run-off at the parcel boundary for the PUD as a whole for the 25,
50, and 100 year design storms, and that there will be no net loss in flood storage
capacity for the 100 year design storm. In making such determinations, any state or local
orders or requirements that apply (for example, required closure of landfills or existing
Orders of Conditions under the Wetlands Protection Act) shall be assumed in the
calculations of runoff and flood storage without the PUD, but alternative forms of
development shall not be assumed.
4.9.5.5. Design Quality:
Project design shall be reviewed by CPDC with input from Town officials, the review
consultant(s) employed by the CPDC, and other property owners in the PUD Overlay
District.
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The following are to be interpreted as guidelines to be applied flexibly by the CPDC and
as appropriate to the situation under review, including factors such as foundation
conditions and other extraordinary constraints. These guidelines apply to all site
improvements, buildings and structures, including structured parking facilities.
4.9.5.5.1. Building Placement:
a. Provide and preserve attractive views from major vantage points, especially
from major thoroughfares and residential neighborhoods.
b. Avoid regular spacing and building placements that will be viewed as
continuous walls from important vantage points, which may be identified in
a PUD Pre-Application Conference.
4.9.5.5.2. Building Massing/Articulation:
a. Avoid unbroken building facades longer than 1.00 feet.
b. Provide human scale features, especially at street level.
C. Avoid unarticulated and monotonous building facades and window placement.
4.9.5.5.3. Roofline Articulation:
a. Provide a variety of building heights and varied roofline articulation.
C
b. Provide step backs above the fourth level on buildings within 100 feet of
major streets.
In PUDs comprising three or more buildings, and where buildings over six
stories in height are proposed, locate taller buildings away from major streets
and residential uses.
4.9.5.5.4. Building Materials:
a. Use materials and building treatments that reduce the visibility of buildings from
distant vantage points and are compatible with backgrounds and surroundings.
b. Use materials and colors compatible with other quality buildings of similar scale
in the area.
4.9.5.5.5. Landscape Treatment:
a. All open areas within a PUD should be landscaped in an appropriate manner
utilizing both natural and manmade materials such as grass, trees, shrubs,
attractive paving materials and outdoor furniture.
b. Deciduous trees should be planted along new and existing streets.
C. Plazas, arcades, malls, and similar amenities are encouraged. (
22
d. Outdoor lighting should be considered in the landscaping plan and should be
designed to complement both manmade and natural elements of the PUD and
adjacent areas.
e. Intensive, high quality landscaping should be provided within the PUD where it
abuts major streets and on internal drives to achieve a boulevard character.
Landscape treatment should be emphasized on site boundaries facing residential
districts.
g. Existing vegetation shall be maintained wherever possible to provide buffers and
enhance site development.
4.9.5.5.6. Parking Lots:
a. Parking lots should use landscaping, screening, and terracing to break up large
areas of pavement and to enhance the appearance of such areas to the greatest
extent feasible, but no less than 5% of the total parking lot area.
b. Most parking lot landscaping should have a minimum dimension of five feet.
C. Trees and shrubs should be used to the maximum extent feasible.
4.9.5.5.7. Pedestrian Amenities:
a. Emphasize pedestrian amenities such as covered walkways, landscaped open
space, drop-off areas, and recreation facilities such as pedestrian and/or jogging
paths along on-site watercourses or which follow a PUD parcel boundary.
b. Tree lined or otherwise appropriately landscaped pedestrian walkways should
link together areas designated as open space within the boundaries of a site
and wherever possible with designated open space throughout a PUD Overlay
District.
4.9.5.5.8. Utilities:
a. To the extent feasible, all utilities should be located underground.
4.9.5.6. Si na e:
4.9.5.6.1. CPDC will review all allowed signage pursuant to the requirements of Section
4.9.5.6.4. and the following general criteria:
a. Signage shall minimally meet the purpose of facilitating public and private
convenience and necessity; providing direction and facilitate proper traffic flow;
alleviating congestion on public streets; providing sufficient access to private
lands and businesses; minimizing curb cuts to public streets; or encouraging
utilization of fewer (or a single) curb cuts by more than one user.
b. Sign scale is appropriate in relation to development scale, viewer distance and
travel speed, and sign sizes on nearby structures.
23
Sign materials, colors, lettering style and forms are compatible with
building design and use.
Sign content does not overcrowd the background.
e. Sign legibility is not impaired by excessive complexity, multiple lettering
styles or colors or other distracting elements.
f. In cases where access to a public street is pursuant to Massachusetts
State Curb Cut, the Massachusetts Highway Department shall be consulted.
4.9.5.6.2. CPDC will review all allowed signage pursuant to the requirements of
Section 4.9.5.6.4. and shall use the following additional criteria to determine (unless
otherwise provided for in this Section 4.9.5.6.) the number, sizes/dimensions, and
locations of all signs on the lot:
a. The relationship between the size of a building facade(s) with the size of the
sign for that building;
b. The relationship between the number of tenants with the size of the sign;
C. The relationship between the size of a sign and the distance between the
structure;
d. The relationship of the location of entrance points to the lot from existing
roadways, the parking areas, and the internal circulation design to the location
and size of signs;
e. The relationship of the topography of the lot and existing vegetation on or off the
lot as it relates to the siting and visibility of a sign from the adjacent roadways;
The relationship of the topography of the lot to the siting and visibility of a sign
from adjacent residential uses;
g. Site distance calculations and motor vehicle traffic and speeds;
h. The utility of the sign as it relates specifically to the purposes stated in Section
4.9.5.6.1.a. above.
4.9.5.6.3. Overall Signage Requirements:
a. Signage shall be so designed, located, and sized to meet the minimal
requirement of clear direction to the site and through the site.
b. No sign, portion of a sign, or structural support for such sign should extend
above the lowest point of the main roofline of a building the sign serves in
identifying, unless otherwise approved by the CPDC.
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C. Any lighting of a sign shall be constant (non-blinking), stationary and installed
in a manner that will prevent light from falling on any street or adjacent property.
Lighting shall be directed solely at the sign, or be internal to the sign. All
internally illuminated signs shall have an opaque background or signboard
such that illumination shows through only the lettering and/or graphics.
d. No sign shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m.
except signs for businesses open during those hours.
e. Signs shall not be designed, colored, or placed to create a hazardous condition
for motor vehicle traffic.
No animated, moving, or flashing signs shall be permitted on the building or in
the building so as to be seen from the outside, on the lot or the adjacent lot.
Traditional holiday decorations and lights, when in season, are allowed.
g. Temporary real estate signs advertising rental, lease, or sale of the property,
or part thereof, shall be allowed for each use for up to ninety (90) days by
application to the Building Inspector. Such signs shall be set back a minimum
often (10) feet from the street line, shall be unlighted and shall not exceed
sixteen (16) square feet in area. Renewals of temporary real estate signs shall be
allowed by application to the Building Inspector. One such real estate sign per
lot, not to exceed thirty-two (32) square feet in area and twelve (12) feet in height
shall be allowed, upon application to the Building Inspector, for a period not to
exceed the date of the end of the PUD decision appeal period to the date of
occupancy of the first phase of the approved PUD development.
h. No window signs or any other interior signage that is visible from the outside is
allowed.
Repair and Maintenance - The Building Inspector is authorized to order the repair
or removal of any sign and its supporting structure that, in the judgment of the
Building Inspector, is dangerous, or in disrepair, or which is erected or
maintained contrary to this By-Law. Such repair or removal shall be the
responsibility of the building owner, and must be completed within thirty (30)
days of notification by the Building Inspector. Appeals from the Building
Inspector's order shall be to the Zoning Board of Appeals.
Within one hundred and twenty (120) days of the closing of a business, all
wording on any sign referencing that business must be painted over or
obliterated by the applicant for the PUD special permit and/or the building
owner.
k. Signs prohibited in Sections 6.2.2.4.a., b. and d. are prohibited in a PUD.
Signs exempted in Sections 6.2.2.5.a., f. and j. are exempted in a PUD.
25
4.9.5.6.4. Allowed Signs in the PUD-I:
a. Freestanding identification ground signs.
(1) Identification signs may be placed as a ground sign between the street
and the building.
(2) If the lot faces on two (2) or more streets/highway, and/or if the lot has
more than one entrance from a right of way, one (1) sign serving each
street/highway shall be allowed, and one (1) sign per entrance shall be
allowed, up to a maximum of three (3) free-standing signs per lot.
Directional signs, building markers.
Such signs shall not exceed four (4) square feet in area, shall not be more than
four (4) feet high if placed on the ground, and shall not extend above the roofline,
if upon a wall. No advertisement is allowed on this type of signage.
C. One wall sign per building or tenant is allowed.
For tenants or buildings facing more than one street/highway, one additional sign
for that tenant is allowed facing such street/highway.
d. For each building within a PUD-1 district, signs located at the entry door of
specific tenants in a multi-tenant building. 1
e. Signs allowed in Sections 6.2.3.2.i., k. and I. are allowed in a PUD-I. l
4.9.5.6.5 Notwithstanding anything in this PUD By-law to the contrary, signage in a
PUD-R shall be subject to the following additional limitations: (a) The residential portion
of a PUD-R may only have low identification signage of a size and design as is approved
by the CPDC, directional signage and such signage as is allowed in the underlying
residential district. (b) Commercial signage must be located within 300 feet of a Town
boundary and shall only face an interstate highway.
4.9.5.7 Special Requirements for Biotechnology Uses:
The following provisions shall apply to any establishment involving the use of
biotechnology:
a. Biotechnology Exclusion: Any RDNA technology use requiring BL4 level of
containment or higher, as classified by guidelines or regulations promulgated by
the National Institutes of Health (NIH) of the United States Department of Health
and Human Services, including those contained in 46 F.R. 34463-34487 on July
1,1981 as may be amended and 45 F.R. 24968-24971 on April 11, 1980 as may
be amended, shall be prohibited.
b. Safety Requirements: Any use of RDNA technology shall require compliance
with the administrative safety requirements of Section IV-D of the "Guidelines
C
26
for Research Involving Recombinant DNA Molecules" (46 F.R. 34463-34487)
promulgated by the National Institutes of Health on July 1, 1981, as may be
amended, including but not limited to the following:
(1) Establishment of an Institutional Biosafety Committee (IBC),
(2) Development of safety plans and manuals,
(3) Appointment of a Biological Safety Officer.
C. Permits and Inspections: Any use of RDNA technology within a Zoning Overlay
District shall require a Special Permit issued by the Reading Board of Health.
Such permit shall be issued upon certification by the BC that the facility is in
compliance with this PUD By-Law and. NIH guidelines.
The Board of Health shall conduct annual inspections to ensure compliance.
The IBC shall renew certification annually.
d. Environmental Surveillance Program: The BC shall establish medical and
environmental surveillance programs in accordance with NIH guidelines and
submit such programs to the Board of Health for approval. Such surveillance
programs shall ensure compliance with all applicable State and Federal Codes
and regulations, and all test results shall be submitted to the Board of Health
on a periodic basis. Emergency preparedness training and any associated
additional cost for the Department of Human Services, Fire Department, Police
Department, and Department of Public Works shall be conducted by facility
safety personnel and paid for by the occupant to train Town personnel for
emergency response. Such training shall be paid for by the developer or facility.
4.9.6. Use and Dimensional Requirements as to PUD-R:
The following paragraphs shall serve as the basic Use and Dimension Requirements to
which all PUD-R projects shall adhere within each PUD-R overlay district and shall be
used by the Community Planning and Development Commission to evaluate any
proposed project.
4.9.6.1. Parcel Size and Eligibility:
bility:
The minimum size of a PUD-R development parcel shall be 10 acres.
A development parcel may consist of land in more than one ownership, provided that all
land comprising the parcel lies entirely within the PUD-R overlay district and is
contiguous. Lots separated by a minor street as defined in Section 4:9.2.1 or right-of-
way or private way may be considered contiguous for this purpose.
Proposed developments may include pre-existing buildings provided that all PUD
requirements are satisfied by each new or existing building and for the PUD as a whole.
More than one principal building may be located on a lot, Section 5.2.8. notwithstanding.
27
4.9.6.2. Permitted Uses in PUD-R:
Planned Unit Developments in an underlying residential district may contain two or more
of the following uses subject to the findings of the CPDC as to net benefit and adverse
impacts of the proposed PUD:
Residential uses, including one family dwellings, two-family dwellings,
townhouses and apartments.
b. Any or all of the uses allowed in a PUD-I in paragraphs (a), (b), (c), (f) and (h)
of Section 4.9.4.2, housing for the elderly, day care facility, elder care facility,
nursing home, medical clinic and ancillary offices and facilities, but only if such
uses are located within 300 feet of a Town boundary.
C. Retail, consumer service, restaurant (with no drive-thru service), and place of
assembly and recreational use, but only if such use is located within 300 feet
of a Town boundary and is specifically found by the CPDC to be ancillary to or
supportive of a permitted use proposed in the PUD-R development.
d. Open space - Areas used for open space, yards, buffer areas, private ways,
walkways, driveways, parking, recreation areas and areas classified as resource
areas in MGL, Chapter 131, Section 40, as amended, and in the Reading
Wetlands By-Law; such open spaces as may be included in determining open
space requirements pursuant to Section 4.9.6.4.2.e.
e. Recreational Uses
Public and Quasi-Public Uses as set forth in Section 4.2.2.
g. All other uses are excluded from a Planned Unit Development in a PUD-R. Adult
Uses are expressly prohibited in a PUD-R District.
h. To encourage and promote the establishment of those uses permitted in Section
4.9.6.2(b) within portions of a PUD-R district that are within 300 feet of a Town
boundary, no two-family dwellings, or multifamily dwellings shall be built pursuant
to a PUD-R Special Permit on land that is within 300 feet of a Town boundary for
a period of seven years after the adoption of the zoning bylaw placing such land
within the PUD-R overlay district.
In recognition of increased density and economic benefits to the applicant pursuant to a
PUD-R Plan, the CPDC may consider and condition the number and interior layout of
bedrooms in each residential unit that are being proposed by the developer in evaluating
the criteria pursuant to Section 4.9.5 of this By-Law.
4.9.6.3. Intensity of Use in PUD-R :
4.9.6.3.9 Residential:
The basic permitted intensity of the residential use in a PUD-R development shall not
average more than six (6) units to the acre for the portions of a PUD-R development that
are more than 300 feet from a municipal boundary.
28
t
If developed residentially, as per Section 4.9.6.2.h., the basic permitted intensity of
residential use in a PUD-R development shall not average more than eleven (11) units to
the acre for the portions of a PUD-R development that lies within 300 feet of a Town
boundary.
4.9.6.3.2 Uses as described in Section 4.9.6.2 b, c, and f, respectively.
The basic permitted intensity of commercial use in a PUD-R development, expressed as
the Floor Area Ratio, is 0.55. In order to assist in making this calculation, plans
submitted for a PUD-R Special Permit that contain a such use shall `show what portion
and area of the development parcel will be put to such use. Land under dwellings,
residential court yards, residential driveways, non-structured parking areas that serve
only residential uses and roadways that serve only residential uses shall not be counted
as part of the development parcel in calculating the FAR.
Areas which have been counted to satisfy the intensity limit for residential use may not
be counted also to satisfy the intensity limit for commercial use and areas which have
been counted to satisfy the intensity limit for commercial use may not be counted also to
satisfy the intensity limit for residential use.
4.9.6.4. Dimensional Requirements:
Each PUD-R development shall be governed by the dimensional requirements of this
section. These requirements apply only to the subject parcel as a whole, not to individual
- lots created within the PUD-R.
4.9.6.4.1. Height: The maximum building height within a PUD-R shall be as follows:
a. The maximum building height as to a dwelling shall be 30 feet except that a
dwelling that is more than 50 feet from the PUD-R parcel boundary may be
35 feet in height and a dwelling that is at least 150 feet from dwellings that are
outside of a PUD and in existence at the time of Preliminary PUD Plan
submission, may have a maximum height of 40 feet, excepting that a dwelling
that is within 300 feet of the Town boundary may have a maximum height of
70 feet.
b. The maximum height of a commercial building shall be 72 feet.
Height shall be measured in the manner defined in Section 2.0. of this By-Law.
4.9.6.4.2. Setbacks and Buffers in a PUD-R:
a. The extent of buffering and setbacks shall in every case be based upon the
following criteria as reviewed by the CPDC:
Existing topography
Existing vegetation
Existing and Proposed Structures within and outside the PUD-R district
29
b. Non-residential Setbacks: All non-residential buildings shall be located at least
50 feet from the boundary of the PUD parcel, excepting a boundary which is also
the Town boundary. Non-residential buildings (except structured parking) shall
not be located less than 150 feet from dwellings outside of a PUD and in
existence at the time of Preliminary PUD Plan submission without the written
consent of the owner of such dwellings and shall not be less than 50 feet from
dwellings in the PUD parcel. There shall be a landscaped and/or naturally
vegetated buffer at least 50 feet wide where a non-residential area of a PUD-R
parcel abuts residential properties outside the PUD-R district.
C. Shadow Impact: Between 9:00 am. and 3:00 p.m. (EST) from February 21 to
October 21, no building may cast a shadow on any dwelling outside of the PUD-
R parcel and in existence at the time of Preliminary PUD Plan submission.
d. Residential Setbacks: All dwellings within a PUD-R shall be at least 20 feet from
the PUD-R parcel boundary, which 20 foot strip shall be landscaped and/or
naturally vegetated, except that a dwelling that is between 30 and 35 feet in
height must be at least 40 feet from the PUD-R parcel boundary (excluding a
parcel boundary that is also a Town boundary) and a dwelling that is over 35
feet in height must be at least 50 feet from the PUD-R parcel boundary
(excluding a parcel boundary that is also a Town boundary). Natural vegetation
shall be preserved in the minimum setback area along the PUD-R parcel
boundaries that abut property used for residential purposes as reviewed and
determined by CPDC. Buildings within the PUD-R which contain residential
units shall be no closer than 15 feet to each other.
e. Open Space: A PUD-R shall set aside at least 25% of its total parcel area as
required open space. Required Open Space may include wetlands and water
bodies; vegetated/landscaped area, including buffers; pedestrian paths,
sidewalks, and covered walkways; public plazas and hard surfaced recreation
areas. Required Open Space shall have a minimum dimension of 20 feet (which
may.include the dimension across a water body) and shall be open to occupants
within the PUD-R; access by the general public is desirable.
Recreation Space: A PUD-R that includes land within three hundred feet (300')
of the Town boundary must provide at least 15% of land within three hundred
feet (300') of the municipal boundary for recreational uses, such uses being
subject to approval of the CPDC.
4.9.6.5. Private Ways:
Private ways shall be allowed in a PUD-R development, provided that:
a. Site circulation shall meet accepted standards in the judgement of the Town
Engineer for private automobiles, service vehicles and emergency vehicles.
b. Private way pavement widths shall not be less than twenty four (24) feet. The
construction standards for such private ways shall provide sufficient base and
surface strength in the judgment of the Town Engineer to support normal
vehicular usage, including but not limited to emergency vehicles and delivery
trucks, and plowing. The allowable private way grades shall be between 1 %
30
and 10% and private ways shall have a minimum centerline radius of 75 feet.
Private ways ending in a dead-end shall have a cul de sac with a minimum
curve radius of forty-five feet.
C. A private way in a PUD-R must have adequate, alternative vehicle connectors
to other private ways or roadways to provide alternative access for emergency
vehicles. Such emergency access connectors may be gated in a manner
satisfactory to the CPDC to avoid non-emergency use, but may cross any
existing zoning district.
d. Drainage and surface runoff are suitably accommodated.
e. Ways shall be continuous and, where possible, in alignment with existing
ways. All proposed ways shall compose a convenient system with adequate
connections to ensure full movement of vehicular travel.
f. If adjoining property is not subdivided, consideration shall be given to the
possibility of future connections. In any case where developable land, whether
publicly or privately owned, adjoins the subject property, proposed, ways and/or
easements shall continue to the exterior boundary of the PUD-R site plan unless
otherwise approved by the CPDC.
PUD-R Plans shall specify that such private ways are not to be dedicated to the Town
but are to remain private ways; and all deeds conveying any portion of land or a
i structure in a PUD-R development containing private ways shall specify that such private
ways shall always remain private ways.
Driveways which provide access only to one residential building that contains 15 or
fewer units or driveways that provide access only to a residential parking area do not
need to meet the private way requirements, but such driveways shall be of a sufficient
layout to provide safe and adequate access, in the judgment of the CPDC as advised by
the Town Engineer.
4.9.6.6. Owners' Association:
In order to ensure that private ways, common open spaces and common facilities within
a PUD-R development will be properly maintained, each PUD-R development shall have
one or more Owners' Associations, which shall be an entity established in accordance
with appropriate state law, and shall establish related covenants by suitable legal
instruments recorded at the Middlesex South Registry of Deeds or Registry District of
the Land Court. As part of the Final PUD-R Plan submission, the Developer shall supply
to the CPDC copies of such proposed instruments for review and approval prior to the
issuance of an occupancy permit.
In cases where the PUD-R Plan proposes private ways, said legal instruments pertaining
to the Owners' Association shall specify that the Owners' Association shall be solely
responsible for private way maintenance, snow-plowing, trash removal, and
improvements, for all costs associated with the operation and maintenance of street
I lighting, and for reimbursement to the Town of all costs incurred by the Town relative to
such private ways. In cases where the PUD-R Plan shows private utilities, said legal
instruments shall specify that the Owners' Association shall be solely responsible for the
31
operation and maintenance of said utilities. Such instruments shall provide for the
periodic payment by owners within the PUD-R development of adequate amounts to
maintain the private ways, private utilities, and open space and drainage system and set
forth enforcement rights for collection of said periodic payment.
4.9.6.7. Landscaping Requirements in PUD-R:
Notwithstanding any and all other requirements in Section 4.9, the following
management of existing vegetation shall occur for PUD-R applications:
a. Prior to any cutting of vegetation and grading of the PUD-R, the developer and
representative(s) of the Town of Reading delegated by CPDC, including any
member of CPDC, the Town Planner, and/or the Tree Warden, shall meet on the
site to review which existing site trees shall be saved. Before this meeting the
developer shall have staked the corners and property lines of the PUD-R
application and the corners of all proposed structures' locations, and the
developer shall have clearly marked with red flagging each tree or group of trees
the developer proposes to save. At this meeting, said CPDC representative (s)
shall approve or amend on site such marked trees and any others they shall
deem appropriate to be saved, which shall immediately be similarly marked by
the developer. Should the developer object or take issue with any determination
of the CPDC representative(s), the developer may appeal such determination to
the full CPDC.
b. Prior to the commencement of any site grading, the developer shall erect around
all such marked trees barriers for shielding around the trunks of such trees; these
barriers shall be located no closer than six (6) feet from the trunk of each such
tree or one-half (1/2) the distance from the trunk to the drip line of each such
tree, whichever is greater. Also. prior to the commencement of any site grading,
the developer shall prepare a Record Plan showing the approximate location,
size, and type of all such groups of marked trees to be saved and submit such
Plan to the Tree Warden for verification. Any modification to the Record Plan
may be made with the agreement of the above parties.
The Town Planner shall not approve a building permit for any construction and
the Building Inspector shall not issue a building permit for any structure within
the PUD-R until certification is received from the Tree Warden that these
conditions have been complied with.
4.9.6.8 Stormwater Drainage:
All PUD applications shall provide proof of compliance with the Department of
Environmental Protection Stormwater Regulations.
4.9.6.9 Pedestrian Access:
All PUD applications shall contain safe and convenient pedestrian access throughout the
project site and connecting to adjacent roadways and/or parcels.
32
( 4.9.6.10 Affordable Housing:
The intent of this section is to increase the supply of housing in the Town of Reading that
is available to and affordable by low and moderate income households and to encourage
a greater diversity of housing accommodations to meet the needs of the Town and to
develop and maintain a satisfactory proportion of the Town's housing stock as affordable
housing.
Any PUD-R development shall provide within the Town of Reading, affordable housing
units equal to ten percent of the total residential units in the PUD-R. For property within
300' of the municipal boundary if developed residentially, requisite affordable units shall
be equal to fifteen percent of the total residential units in this area. When the
percentage calculation does not result in a whole number it shall be rounded to the
nearest whole number.
The following standards shall apply to assure the maximum public benefit from such
affordable housing:
a. Restriction: The developer shall provide an adequate guarantee, acceptable
to the CPDC, to ensure the continued availability of the affordable units in
perpetuity; such guarantee may include deed restrictions, recorded deed
covenants relative to equity limitation, or other acceptable forms.
b. Marketing/Selection: The marketing and household selection process as to the
affordable units shall be conducted in collaboration with the Town or its designee.
C. Local Preference: To the extent to do so would not cause the affordable units
not to be qualified as affordable housing pursuant to guidelines established by
the Massachusetts Department of Housing and Community Development and
to the. extent allowed by law, preference as to affordable units shall be given
initially to current Reading residents, employees of the Town of Reading, or
those prospective buyers who were formerly Reading residents for ten (10)
years or more. The Town shall establish an equitable procedure to implement
this preference.
d. Appearance: On site affordable housing units shall have a minimum gross floor
area of one thousand (1,000) square feet and an exterior appearance designed
to be substantially indistinguishable from market-rate units.
e. Minimize Fees: If the affordable units are being sold as condominium units, in
order to minimize the monthly condominium fees to be paid by those affordable
units, the value assigned to such units and the percentage of interest in the
common areas allocated to those affordable units shall recognize the affordable
restrictions imposed on such affordable units, to the maximum extent allowed by
MGL Chapter 183A and other applicable law
f. Developing Units: No more than twenty-five percent (25%) of the building
for the market rate residential units shall be issued for any PUD-R development
( until construction has commenced on one-sixth of the affordable units. No more
than fifty percent (50%) of the occupancy permits for the market rate residential
units shall be issued for any PUD-R development until occupancy permits are
33
issued for one-third of the affordable. No more than eighty five percent (85%) of
the occupancy permits for the market rate residential units shall be issued until
occupancy permits have been issued for two thirds (2/3) of the affordable units.
The CPDC may require financial assurances in an amount as determined by
CPDC from the applicant for the remaining one third (1/3) of affordable units
required to be provided.
Off-Site Units: Up to 50% of the required affordable units may be located off-site
from the PUD-R location within the Town of Reading. In order to use this option,
the size and types of units, unit location, and density of said units shall be
approved by the CPDC as part of their approval for the related PUD-R Special
Permit.
As a premium for the Developer being able to place affordable units off site, for
every three affordable units the developer elects to place off-site, the Developer
must provide an additional bonus affordable unit, which additional bonus unit
does not count towards the ten percent of affordable units the Developer is
required to provide. The placing of bonus affordable units off site does not result
in a requirement of additional bonus units.
Amend Section 4.2.2 Table of Uses only as follows:
Principal Uses RES RES RES BUS BUS BUS IND
S-15, S-20, S-40 A-40 A-80 A B C
PUD-R SPP* No No No No No No
Business and Service Uses
Remove line dedicated to "Planned Unit Development and insert the following:
PUD-1 No No No No No No SPP*
or take any other action with respect thereto.
Community Planning and Development Commission
Background: This Article was approved by Town Meeting in October 2002 but when
staff was putting together all of the material for the review by the Attorney General's
Office, it was discovered that the local newspaper failed to publish the hearing notices
when the matter was before the CPDC. To correct this flaw, the CPDC has re-
advertised and re-heard this matter, and it now needs to again be approved by Town
Meeting. Since Town Meeting dealt with this issue only 2'h months ago, an abbreviated
presentation will be made by the CPDC at the Town Meeting.
The following is the background of the CPDC from the October 7, 2002 Special Town
meeting on this matter:
"The Community Planning and Development Commission views this amendment to the
Zoning By-Law favorably. The purpose of this zoning amendment is to prepare the
property known as Longwood Poultry Farm on West Street for re-development. CPDC
utilized the land use policy statements from the 1991 Master Plan as well as the \
34
( ) recommendations of the 1997 Longwood Poultry Farm Committee in creating the basis
for the document above. The Commission has been meeting in an open workshop
forum since January 2002 with the property owner and interested parties to formulate
this document in its final form.
It is the intention of the text and map amendments to segregate the current
Planned Unit Development zoning into two parts: Industrial and Residential. Some
controls are meant to apply to both types of PUD developments, whereas specific
restrictions and controls apply to the segregated Industrial or Residential type PUD's.
The CPDC will be making a report at the beginning of discussion on this Article
on the status of Reading's compliance with Chapter 40 B of the Massachusetts General
Laws. Chapter 40B deals with the requirement that all communities work towards a goal
of providing 10% of their housing stock as affordable housing. This report is relevant to
this Article because the alternative to development of this property under the proposed
re-zoning included in this Article, is development under Chapter 40B of 288 units of
condominiums on approximately 18.5 acres of the site, with 25% of the units to be
affordable housing units."
Finance Committee Report: No report
Bylaw Committee Report: Previously recommended by the Bylaw Committee.
CPDC Report: Previously recommended by the CPDC. Hearing is on November 251H
ARTICLE 7 To see if the Town will amend the Town of Reading Zoning Map
as follows:
Remove all designated areas in the Industrial Zone denoted as PUD and replace same
areas as PUD-I.
Designate the following Assessors Map and Lot numbers as PUD-R:
Assessor's Map 58, Lot 6, 7, 10
or take any other action with respect thereto.
Community Planning and Development Commission
Background: See the background for Article 6. This Article applies to the PUD zoning
to the Longwood Poultry Farm property, and re-applies it to the current PUD locations as
a PUD-I.
Finance Committee Report: No report.
Bylaw Committee Report: Previously recommended by the Bylaw Committee.
CPDC Report: Previously recommended by the CPDC. Hearing is on November 25tH
35
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 9, 2002, the date set for the meeting in said Warrant, and to publish this
Warrant in a newspaper published in the Town, or by mailing an attested copy of said
Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of
holding said meeting.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 19th day of November, 2002.
Camitt-e-tltfin ony, Chairman
Matthew Cummings, Vice Chairm n
S
Richard W. Schubert, Secretary
George V. Hines
A-6zty-
Gail F. Wood
SELECTMEN OF READING
abl
Daniel .Halloran, ons '
36
r
-y b
on
~
/yf2.
f9. INCO -?o?_
Town of Reading
Reading, Massachusetts 01867-2693
(6.17) 942-0500
ARTICLE 5
Russell T. Graham, Chairman
Mary S. Ziegler, Vice Chairman
Daniel A. Ensminger, Secretary
Eugene R. Nigro
John H. Russell
BOARD OF SELECTAIEN
16 LOWELL STREET
January 30, 1990
Mr. Frederick Salvucci, Secretary.
Executive Office of Transportation and Construction
Transportation Building
10 Park Plaza
Boston, Massachusetts 02116
Dear Secretary Salvucci:
The Towns of Reading and Wilmington and the City of Woburn hereby
wish to convey to you the following consensus, reached in 'the
course of extensive discussions between. officials of the three
municipalities, concerning. transportation and related improve-
ments in the Industriplex area of northeastern Woburn and ad-
jacent areas of Wilmington and Reading:
1. The proposed improvements to provide a full cloverleaf con.
figuration at the interchange between Interstate-Highway 93
and State Route 129 (Lowell Street) should not be built,
The "Incustriplex. Interchange" proposed to be located along
Interstate Highway 93 approximately halfway between Inter-
state Highway 9.5 (State Route 128) and State Route 129, and
to connect I-93 with the present northern end of Commerce
Wav, should be constructed as expeditiously as possible,
_ ,!amond configuration allowinc full multi -directional
tra=..ic '110w;
3. A connection should be built between the present northern
end of Commerce Way and the present southern end of
Presidential--way', iiith' direct connection to the pr.oposed In-
dustriplex. Interchange; this improvement along with the In
dustriplex Interchange would significantly relieve pressure
on ~he 1=95 (Route 128)/I-93 interchange and eliminate any
need for. reconstruction of the I-93/129 interchange;
regionally-oriented commuter-rail fa'cil-ity, with sig-
n_f_can;- parkinc capacity, should be built on the present
Suoer`u:-.d cap site adjacent to the, M-20TA -Lowell railway line,
direct 'vehicular connection to the Industriplex' Inter-
c ; this- commuter-rail station should replace the..
'!;Ishawum station, _,h;ch s::culd be abandoned any its
37
Saivucci - 1/30/90 - Page 2 C
5. The New Boston Street bridge should not be rebuilt, provided
that item #3 above is accomplished;-,.
6. The proposed Inwood Park office development should have full ,
access to the industriplex Interchange; and
7. Along with the accomplishment of item #3 above, heavy
vehicles should be prohibited on West Street in Reading.
The three municipalities hereby pledge to work diligently with
all appropriate State and Federal agencies, and with app P
private interests, to secure the.expeditious implementation of
these improvements.
S ncerely,
:f2 sse 1 T.cG aham, Chairman
B and Selectmen, Reading
Robert J. Cain, Chairman
Board of Selectmen, Wilmington
oIn W. Rabbitt, Mayor -
-6ity of .Woburn
similar letters to:
Secretary John DeVillars
commission.er.Jane.Garyey
General Manager Thomas P. Glynn
cc: Representative Geoffrey Beckwith
Representative Augustus C. Grace
Representative James R. Miceli
Representative Nicholas Paleologos -
Senator John A. Brennan C
Senator Robert C. Buell
Senator Richard Kraus
Mr. Robert A. Mercier
38
39
ARTICLE 7
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 Robert's Rules of Order 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 subject may be discussed together;
however, only one is formally on the
♦ Town Meeting consists of 192 floor, and each when moved is acted
elected members, of which 97 upon individually. Note that the vote
constitute a quorum. on one may influence the others.
There are two required sessions: the ♦ Members who wish to speak shall
Annual Meeting in Spring which is rise, state their name and precinct in
primarily for fiscal matters and order to be recognized.
acceptance of the annual budget,
and the Subsequent Meeting in ♦ A Member may speak for ten (10)
November. Special Town Meetings minutes but permission must be
may be called at any time that the asked to exceed this limit.
need arises.
♦ There are three main committees ♦ Seven (7) Members can question a
which review certain Articles and vote and call for a standing count
advise Town Meeting of their and twenty (20) can ask for a roll call
recommendations: vote; however, a roll call vote is
seldom used because of the time it
Finance for all expenditures of funds; takes.
Bylaw for all bylaw changes; and the PRINCIPAL MOTION ENCOUNTERED
Community Planning and AT TOWN MEETING
Development Commission for all
zoning changes. The following motions are the principal
Their reports are given prior to dis- ones used in most cases by Town
cussing the motion. Meeting to conduct its business.
Experience shows that the Members
GENERAL RULES OF PROCEDURE should be familiar with these.
The Meeting is conducted through ♦ Adjourn: Ends the sessions, can be
the Warrant Articles which are moved at any time.
presented (moved) as motions. ♦ Recess: Stops business for a short
Only one motion may be on the floor
at a time; however, the motion may time, generally to resolve a
be amended. Often two or more procedural question or to obtain
Articles which address the same information.
40
_ o Lay on the Table: Stops debate
o Question of Privilege: Sometimes
with the intention generally of
used to offer a resolution. Should
bringing the subject up again later.
not be used to "steal" the floor.
May also be used to defer action on
an Article for which procedurally a
o Point of Order: To raise a question
negative vote is undesirable.
concerning the conduct of the
Note that tabled motions die with
Meeting.
adjournment.
o Point of Information: To ask for
o Move the Previous Question: Upon
information relevant to the business
acceptance by a two-thirds (2/3)
at hand.
vote, stops all debate and brings the
subject to a vote. This is generally
MULTIPLE MOTIONS
the main motion, or
SUBSEQUENT (MULTIPLE) MOTIONS
o The most recent amendment, unless
qualified by the mover. The reason
If the subsequent motion to be offered,
for this as provided in Robert's Rules
as distinct from an amendment made
of Order is to allow for other amend-
during debate, includes material which
ments should they wish to be
has previously been put to a vote and
presented.
defeated, it will be viewed by the
Moderator as reconsideration and will
o Amend: Offers changes to the main
not be accepted. If the subsequent
motion. Must be in accordance with
motion contains distinctly new material
the motion and may not substantially
which is within the scope of the Warrant
alter the intent of the motion. In
Article, then it will be accepted. An
accordance with Robert's Rules of
example of this latter situation is
Order, only one primary and one
successive line items of an omnibus
secondary motion will be allowed on
budget moved as a block.
the floor at one time, unless specif-
ically accepted by the Moderator.
SUBJECT TO THE FOLLOWING
CONSIDERATIONS
o Indefinitely Postpone: Disposes
of the Article without, a yes or no
o The maker of any proposed multiple
vote.
motion shall make their intent
known, and the content of the
o Take from the Table: Brings back a
motion to be offered shall be
motion which was previously laid on
conveyed to the Moderator - prior, to
the table.
the initial calling of the Warrant
Article.
o Main Motion: The means by which
a subject is brought before the
o Once an affirmative vote has been
Meeting.
taken on the motion then on the floor
- no further subsequent alternative
THE FOLLOWING MOTIONS MAY BE
motions will be accepted. (Obviously
USED BY A MEMBER FOR THE
does not apply to the budget, for
PURPOSE NOTED:
example.)
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♦ 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 BYLAWS
ARTICLE 2: TOWN MEETINGS
2.1 General
Section 2.1.1
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 2.1.3
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 2.1.4
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 follow-
ing 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
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.
All Articles for the Subsequent Town
Meeting shall be submitted to the Board \
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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 betaken 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
therefor.
Rule 4: Prior to debate on each Article
in a Warrant involving changes in the
Bylaws, the Bylaw Committee shall
advise the Town Meeting as to its
recommendations and the reasons
therefor.
Rule 5: Every person shall stand when
speaking, shall respectfully address the
Moderator, shall not speak until recog-
nized 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 ques-
tion more than ten (10) minutes without
first obtaining the permission of the.
Meeting.
Rule 8: Any inhabitant of the Town may
speak at a Town Meeting having first
identified himself to the Moderator as an
inhabitant of the Town. No inhabitant
shall speak on any question more than
five (5) minutes without first obtaining
the permission of the Meeting.
Inhabitants shall be given the privilege
of speaking at Town Meetings only after
all Town Meeting Members who desire
to speak upon the question under con-
sideration 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 Meet-
ing shall be interrupted except by a
Member making a point of order or
privileged motion or by the Moderator.
Rule 11: Any person having a mon-
etary or equitable interest in any matter
under discussion at a Town Meeting and
any person employed by another having
such an interest, shall disclose the fact
of his interest or his employer's interest
before speaking thereon.
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Rule 12: The Moderator shall decide all be first in order. Motions to adjourn, to
questions of order subject to appeal to move the question, to lay on the table
the meeting, the question on which and to take from the table shall be
appeal shall be taken before any other. decided without debate.
Rule 13: When a question is put, the
vote on all matters shall be taken by a
show of hands, and the Moderator shall
declare the vote as it appears to him.
If the Moderator is unable to decide the
vote by the show of hands, or if his
decision is immediately questioned by
seven (7) or more Members, he shall
determine the question by ordering a
standing vote and he shall appoint
tellers to make and return the count
directly to him. On request of not less
than twenty (20) Members, avote shall
be taken by roll call.
Rule 14: All original main motions
having to do with the expenditure of
money shall be presented in writing,
and all other motions shall be in
writing if so directed by the Moderator
Rule 15: No motion shall be received
and put until it is seconded. No motion
made and seconded shall be withdrawn
if any Member objects. No amendment
not relevant to the subject of the original
motion shall be entertained.
Rule 16: When a question is under
debate, no motion shall be in order
except (1) to adjourn, (2) to lay on the
table or pass over, (3) to postpone for a
certain time, (4) to commit, (5) to
amend, (6) to postpone indefinitely or
(7) to fix a time for terminating debate
and putting the question, and the afore-
said several motions shall have
precedence in the order in which they
stand arranged in this Rule.
Rule 17: Motions to adjourn (except
when balloting for offices and when
votes are being taken) shall always
Rule 18: The previous question shall
be put in the following form or in some
other form having the same meaning:
"Shall the main question now be put?,"
and until this question is decided all
debate on the main question shall be
suspended. If the previous question
be adopted, the sense of the meeting
shall immediately be taken upon any
pending amendments in the order
inverse to that in which they were
moved except that the largest sum
or the longest time shall be put first,
and finally upon the main question.
Rule 19: The duties of the Moderator
and the conduct and method of pro-
ceeding at all Town Meetings, not
prescribed by law or by the Rules set
forth in this Article, shall be determined
by the rules of practice set forth in
Robert's Rules of Order Revised so far
as they may be adapted to Town
Meetings.
Section 2.2.2
It shall be the duty of every official body,
by a Member thereof, to be in. attend-
ance at all Town Meetings for the
information thereof while any subject
matter is under consideration affecting
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
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
44'
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 consid-
eration 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 consid-
ered 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-third (2/3) of
the votes present.
Arguments for or against reconsider-
ation may include discussion of the
motion being reconsidered providing
such discussion consists only of
relevant facts or arguments not pre-
viously 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 not 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.
Section 2.2.6
The Town Meeting Members and Town
Meeting Members-Elect from each
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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 meet-
ings 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 attend-
ance 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 recommend-
ations 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 Durinq
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 request-
ing 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.
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