HomeMy WebLinkAbout2000-09-11 Special Town Meeting Warrant Report
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SPECIAL TOWN MEETING
SEPTEMBER 11, 2000
TABLE OF CONTENTS
Article
Title
Sponsor
Page #
1
Reports
Board of Selectmen
2
2
Instructions
Board of Selectmen
2
3
Amend FY 2001 - FY 2010 Capital
Improvements Program
Board of Selectmen
3
4
Amend Zoning By-Laws relating to Planned
Unit Developments
Board of Selectmen
3-9
5
Amend Zoning By-Laws relating to Section
2.2.25 Place of Assembly
Board of Selectmen
9
6
Amend Section 5.10 of General Bylaws
regulating the hours of retail business
Board of Selectmen
9,10
7
Amend previous votes designating the date
by which Reading Business Park must be
sold
Board of Selectmen
10
Appendix -Article 4
12-31
Appendix - Article 6
32
Appendix - Article 7
33-35
Conduct of Town Meeting
36-42
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on August 4, 2000 notified and warned the
inhabitants of the Town of Reading, qualified to vote on town affairs, to meet at the place
and at the time specified by posting attested copies of this Town Meeting Warrant in the
following public places within the Town of Reading:
Precinct 1 J. Warren, Killam School, 333 Charles Street
Precinct 2 Registry of Motor Vehicles, 275 Salem Street
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Alice M. Barrows School, 16 Edgemont Avenue
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Arthur W. Coolidge, Middle School, 89 Birch Meadow Drive
The date of posting being not less than fourteen (14) days prior to September 11,
2000, the date set for the Special Town Meeting in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of August 9, 2000.
Daniel W. Halloran, Constable
A yu copy. Attest:
Johnson, gown Clerk
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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, September 11, 2000 at seven thirty o'clock in the evening, at which
time and place the following Articles are to be acted upon and determined exclusively by
Town Meeting Members in accordance with the provisions of the Reading Home Rule
Charter.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town
Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Town Manager and any other Board
or Special Committee.
Board of Selectmen
Background: It is anticipated that the only report to be given under this Article will be a
report on the negotiated Purchase and Sales Agreement with Dickinson Development
for the sale of the former landfill-site. It is the development of that site for the purposes
as proposed by Dickinson that requires the actions proposed at this Special Town
Meeting. In the Appendix to this report are a summary of the key elements of the
Purchase and Sales Agreement and the time schedule for development of the site.
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: There are no known instructional motions to be given at this Special
Town Meeting.
Finance Committee Report: No report.
Bylaw Committee Report: No report. C
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ARTICLE 3 To see if the Town will vote to amend the FY2001 -FY201 0 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: It is not anticipated that there will be any action under this Article at this
Special Town Meeting.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 4 To see if the Town will vote to amend the Reading Zoning By-
Laws relating to Planned Unit Developments as follows, or take any other action with
respect thereto:
a) Amend Section 4.9.3.1.1.a. by deleting the phrases "a Request for
Determination" and "a Determination of Applicability" and substituting therefor
respectively the phrases "an Abbreviated Notice of Resource Area Delineation"
and "an Order of Resource Area Delineation", so that Section 4.9.3.1.1.a. shall
read as follows:
"a. 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) Amend Section 4.9.3.1.1.b. by deleting the phrase "Determination of
Applicability" in the first sentence thereof and substituting therefor the
phrase "Order of Resource Area Delineation", so that the first sentence
of Section 4.9.3.1.1.b. shall read as follows:
"b. Subsequent to such Order of Resource Area Delineation, the
Developer shall request in writing that a joint meeting of the
CPDC and the Conservation Commission be held with the
Developer to review the Developer's proposed development."
C) Amend Section 4.9.4.2. Permitted Uses: as follows:
Delete the phrase "Full-Service" in subsection c., so that subsection c.
shall read:
11 c. Hotel;"
2. Delete subsection d. in its entirety and substitute therefor the following:
"d. Restaurants (with no drive-thru service), place of assembly,
and recreational use;"
3. Insert new subsections e., f., and g. as follows:
"e. Retail;
f. Financial institution;
g. Consumer service, ancillary to a permitted primary use
pursuant to this Section 4.9.4.2;"
4. Re-alphabetize current subsections e., f., and g. to subsections h., i.,
and j.
d) Amend Section 4.9.5.2. Transportation. Site Circulation and Parking: as follows:
1. Amend Section 4.9.5.2.4. relating to parking requirements by adding
the following as subsections d., e., f., and g.:
"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;
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."
2. Insert the following new Section as Section 4.9.5.2.5.:
°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;
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;
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d. 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."
3. Renumber existing Section 4.9.5.2.5. as Section 4.9.5.2.6.
e) Amend Section 4.9.5.6. Signage: by deleting the existing text and substituting
therefor the following as Sections 4.9.5.6.1., 4.9.5.6.2., 4.9.5.6.3. and 4.9.5.6.4.
"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.
c. Sign materials, colors, lettering style and forms are compatible
with building design and use.
d. 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 fagade(s) with the size.
of the sign for that building;
b. The relationship between the number of tenants with the size of the
sign; f~
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;
f. 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 ~I
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.
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 p.m. and 6 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.
f. 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.
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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 of ten (10) feet from, the streetline, 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.
j. 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 Section 6.2.2.4.a., b., and d., are prohibited
in a PUD.
Sign exempted in Section 6.2.2.5.a., f., and j.,' are exempted in
a PUD.
4.9.5.6.4. Allowed Signs in the PUD:
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.
b. Directional signs, building markers.
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Such signs shall not exceed four (4) square feet in area, shall not If
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.
In no instance shall more than four (4) signs on a building be
allowed.
d. For each building within a PUD district, signs located at the entry
door of specific tenants in a multi-tenant building.
e. Signs allowed in Section 6.2.3.2 i., k., and I. are allowed in a PUD.
f) Amend Section 6.2.3. Signs by Zoning District: by adding the following as
Section 6.2.3.3.:
"6.2.3.3. Signs in a PUD:
Notwithstanding anything in this Section 6.2. to the contrary, signs are allowed
or permitted in a PUD only in accordance with Section 4.9.5.6. of these By-
Laws."
Board of Selectmen
Background: These amendments address the development components for the landfill
developer, Dickinson Development, currently operating within the due diligence period of
the Purchase and Sale Agreement with the Town of Reading. The changes amend the
Planned Unit Development (PUD) sections of the Zoning By-law so as to utilize the
special permit process as the permitting mechanism for this development. This action is
consistent with previous Town Meeting action creating the PUD By-Law for this express
purpose. The amendments also address any future use in the remaining portions of the
Industrial Zoning District. The amendments include:
♦ updating the existing. references to the Wetlands Protection Act;
♦ revising and adding to the uses allowed in the PUD;.
♦ the addition of parking requirements for uses not currently controlled
in the PUD;
♦ the allowance for shared parking; and
♦ an insertion of signage requirements and performance standards.
Please see the Appendix for the complete text of the Planned Unit Development
section of the By-Law with changes crossed out ( oo for language deleted and
underlined (xxxxx) for language added.
Finance Committee Report: No report.
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Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of
4-1-0. The Bylaw Committee notes that the changes in text, with a few minor
modifications for clarification, are technically correct. The only objection to the proposal
is from one member who feels that the changes are not consistent with the initial intent
of the PUD By-Law.
CPDC Report: The CPDC recommends this Article by a vote of 3-0-0.
ARTICLE 5 To see if the Town will vote to amend Section 2.2.25. Place of
Assembly: of the Reading Zoning By-Laws by adding between "theater," and "bowling
alley" the word "cinema," so that.Section 2.2.25. shall read as follows, or take any other
action with respect thereto:
"2.2.25. Place of Assembly: A theater, cinema, bowling alley or
other similar enclosed place."
Board of Selectmen
Background: This amendment to the definitions section clarifies the definition of "Place
of Assembly" to specifically include cinema. This Article makes it clear that the use
proposed by the Dickinson development for a portion of the former landfill site as a
cinema is a permitted use.
Finance Committee Report: No report.
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Bylaw Committee Report: The Bylaw Committee recommends the subject matter of
this Article by a vote of 3-0-1. The member abstaining does not feel that the PUD
sections of the Zoning By-Law should be applied to this project.
CPDC Report: The CPDC recommends this Article by a vote of 3-0-0.
ARTICLE 6 To see if the Town will vote to amend Section 5.10 of the General
Bylaws by adding the following sentence to Section 5.10.2:
"This Bylaw shall not prevent a cinema from concluding the showing
of a movie that has commenced prior to 12:01 a.m.",
or take any other action with respect thereto.
Board of Selectmen
Background: Section 5.10 of the General Bylaws restricts the hours of operation for
retail businesses in Reading between the hours of 12:01 a.m. and 6:00 a.m. These
restrictions were put into place in April 1988 because most retail businesses in Reading
directly abut residential neighborhoods.
There is a provision in the Bylaw that allows the Board of Selectmen to waive these
provisions when it is in the interest of the public health, safety and welfare. This
provision requires an annual hearing and decision by the Board of Selectmen, and the
only use of this provision has been for the operation of the Texaco gasoline service
station at Walkers Brook Drive and Route 128.
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In the development of the Reading Business Park by Dickinson, the restriction on
hours is problematic for the operation of a cinema because usually shows extend past
midnight. If the Bylaw is not changed as proposed, then a cinema will not be built
as part of the project.
A copy of the complete text of the Bylaw is attached to this report.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote
of 4-0-1.
ARTICLE 7 To see if the Town will vote to amend the Motion made under
Article 10 of the Warrant for the Annual Town Meeting of April 14, 1997, as amended by
Motion made under Article 24 of the Warrant for the Annual Town Meeting of April 12,
1999, which as amended authorized the conveyance or lease of the Reading landfill and
provided that such authorization would expire unless the conveyance has taken place or
a lease has been entered into by June 30, 2001 unless further extended by Town
Meeting, by deleting the date "June 30, 2001" and substituting therefor the date "June
30, 2002", or take any other action with respect thereto.
Board of Selectmen
Background: At the Annual Town Meetings in 1997, and again in 1999, Town Meeting
voted to modify the terms and date by which the sale (or lease) of the former landfill
needed to be concluded. The most recent date of completion as required by Town
Meeting is June 30, 2001.
Town Meeting Members will hear the schedule for development under the report
given under Article 1 of this Town Meeting. The schedule calls for a "passing of papers"
to conclude this sale in February, 2002, a little more than 6 months after the end date
provided in the April 1999 Town Meeting vote.
This Article proposes moving the, end date for this transaction to no later than
June 30, 2002, to give the Town a limited grace period in the event that there is any
"slippage" in the schedule. This date is also consistent with the date of the extension for
the closing as requested by the Board of Selectmen of DEP under the Administrative
Consent Order for the closure of the landfill. If this extension is not granted, the
project as proposed cannot move forward. There would not be adequate time to
complete all of the work needed to be done by the developer prior to passing of papers.
A copy of the schedule pursuant to the Purchase and Sales Agreement is
attached at the end of this report.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
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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
September 11, 2000, the date set for the meeting in said Warrant, and to publish this
Warrant in a newspaper published in the Town, or by mailing an attested copy of said
Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of
holding said meeting.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this V day of August, 2000.
O
Daniel W.'Halloran, Constable
Camille W. Anthony, Secretary
M thew Cummings
Sally M. Hoyt
SELECTMEN OF READING
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ARTICLE 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 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 under-
lying district including, without limitation, use, intensity, dimensions, parking and site plan review;
however, the provisions of any other overlay district shall continue to apply.
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. Developer: One or more entities proposing together to develop a Planned
Unit Development parcel.
b. DNA: Deoxyribonucleic acid.
C. Existing: In existence at the time of filing a complete Preliminary PUD Plan
submission.
d. 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.
e. 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.
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after.DOCCAMy DeeumentaCemm e elepmenAbefbie° a-ftw-^^^
g. PUD By-Law: Section 4.9. of the Reading Zoning By-Laws including all sub-
/ sections thereof.
h. 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.
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.
k. 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. 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:
Pre-Application Conference (Optional)
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 4.9.3.11., a Developer may elect to follow an alternative process as
specified below:
a. The Developer shall submit an Abbreviated Notice of Resource Area Delineation
a„n„„c+ f^F DeteFFAiRatie[ 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 PeteFminatieR-ef
j' ApptiGabil+ty-relative to the proposed site including official delineation of any wetlands
contained on the site, such delineation to be accurately depicted on development plans
subsequently submitted for the site."
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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 be held with the Developer to review the Developer's
proposed development. The Developer shall supply such written and graphic material,
in twenty copies, as fully to explicate 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.
Within thirty-five days of such a request, 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. Particular attention shall be paid to:
(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.
All "parties of interest" shall be given such notice of this meeting as required
for a public hearing under Massachusetts General Laws, Chapter 40A.
C.. 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 4.9.3.10. Approval of the Special Permit shall be
granted upon determination by the CPDC that the Final PUD Plan conforms with and
meets the requirements, standards and guidelines set forth in Sections 4.9.4. and 4.9.5.
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 4.9.3.12.
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 above.
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
above, 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. I
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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.
4.9.3.4. Submission Fee:
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."
4.9.3.5. 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. The official date of application shall be registered only upon receipt of all
materials required by the CPDC-
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4.9.3.6. 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 no. later than 5 days 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.
4.9.3.7. 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.
4.9.3.8. Action on Preliminary Plan:
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 4.9.3.10. 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.
4.9.3.9. 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; in this case, an expert engineering consultant to the
CPDC shall estimate and, after review by the Reading Public Works Director and Town Engineer,
the CPDC shall establish the costs of these improvements and the portion thereof to be borne by
the Developer.
4.9.3.10. 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.
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The Developer shall submit a Final PUD Plan to the CPDC no later than 59 days after
the close of the Public Hearing 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.
4.9.3.11. 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 4.9.3.14. and 4.9.3.15. 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 4.9.3.13. The CPDC shall decide whether proposed changes are
major or minor.
4.9.3.12. Public Hearing and Decision on Final Plan:
Within 69 days after the close of the Public Hearing referred to in Section 4.9.3.7, 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 requirements,
standards, and guidelines set forth in Sections 4.9.4. and 4.9.5., 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 4.9.3.7, then the Final PUD Plan shall be considered approved and the
Special Permit to construct a PUD shall be deemed granted.
4.9.3.13. 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 4.9.3.14. shall be authorized by written approval of the
CPDC. Major amendments, as specified in Section 4.9.3.15. shall be grounds for reconsideration
of the Special Permit to construct a PUD and shall be reviewed subject to procedures specified
above in Sections 4.9.3.5. through 4.9.3.13., 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. The CPDC shall decide whether proposed changes are
major or minor, and its decision shall be conclusive.
4.9.3.14. Minor Amendments:
I ! 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
17
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.
4.9.3.15. Maior 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.
4.9.3.16 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.
4.9.3.17. 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
4.9.3.13.
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 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.
4.9.3.18. 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
18
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, 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 phase until a certificate of compliance has been issued.
4.9.4. Use and Dimensional Requirements:
The following paragraphs shall serve as the basic Use-and Dimension Requirements to
which all PUD projects shall adhere within each PUD overlay district and shall be used by the
Community Planning and' Development Commission to evaluate any proposed project.
4.9.4.1. Parcel Size and Eligibility.
The minimum size of a PUD development parcel shall be 80,000 square feet.
Development parcels of 500,000 square feet or larger shall be termed "large PUDs" and
qualifying parcels smaller than 500,000 square feet shall be termed "small PUDs."
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 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
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.
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4.9.4.2. Permitted Uses:
Planned Unit Developments 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:
Office use;
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. Full 8erv+ee 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 ;"9pen-space.
h. Parking (including structured parking) to accommodate the above:
i. Residential uses within 200 feet of Residence Districts;
j. Open Space.
All other uses are excluded from a Planned Unit Development.
4.9.4.3. Intensity of Use:
. The permitted intensity of use in a PUD 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 developments is 0.50 for small PUDs and 0.55 for large PUDs.
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4.9.4.4. Discretionary Intensity and Height Determination:
The CPDC may approve additional FAR above the basic ratio for small or large PUDs
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 PUDs and 0.70 for large PUDs 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:
The basic allowable intensity of use may be increased 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;
d. Provision of open space beyond 15% of the parcel area, or of outdoor
recreational facilities for use by a PUD project's occupants or by the
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 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;
d. Provision of low or moderate income or elderly housing within the PUD in
conformance with this PUD By-Law and/or off site in a manner acceptable
to the Reading Housing Authority.
4.9.4.6. Dimensional Requirements:
Each PUD 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.
4.9.4.6.1. Height:
The basic maximum height within a PUD 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.
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The maximum height of residential structures within a PUD 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, 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;
b. At least one third of the gross floor area of the PUD shall be contained in
buildings with six stories or lower;
Only one building over 10 stories may be built for every 1,000,000 square
feet of PUD parcel area;
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 PUD Overlay District, adjacent residential districts or abutting property.
However, the CPDC shall in no case approve building heights above the basic
maximum height for any Planned Unit Development in the area bounded by the MBTA railroad
right-of-way and by the lots fronting on Ash Street.
4.9.4.6.2. Setbacks and Buffers:
All non-residential buildings shall be located at least 50 feet from the boundary of the
PUD parcel. All non-residential buildings shall be located at least 150 feet from residential
structures in existence at the time of Preliminary PUD Plan submission.
All residential buildings within a PUD shall be at least 30 feet from the parcel boundary
but no further than 200 feet from a Residential District. 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, 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 a.m. 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 Preliminary PUD Plan
submission.
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4.9.4.7. Required Open Space:
A PUD 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;
access by the general public is desirable and will be considered in proposals for additional
development intensity and height.
A PUD 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;
d. Public plazas and hard surfaced recreation areas.
4.9.5. Environmental Standards and General Development Guidelines:
In addition to conforming to the Use and Dimensional Requirements governing 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 in
making these 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.
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;
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(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.
4.9.5.2. Transportation, Site Circulation and Parking:
No vehicular access (except for emergency vehicles) shall be allowed between a
Planned Unit Development and any residential street.
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
Preliminary or Final PUD Plans 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
24
access. Principal access points generally should be spaced and aligned or alternated according
to good traffic engineering practice, and should be signalized if necessary.
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 is 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, one and a half parking spaces per unit;
Ancillary uses should not normally require additional parking spaces.
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;
I 1
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."
Developer.
Loading requirements shall be determined based on activity analysis provided by the
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;
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 shared parking area shall be at least the
required number for the larger of the needs:
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d. 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 area."
4.9.5.2.6-4.9.5.2.5. 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 criteria 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.
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:
Provide and preserve attractive views from major vantage points,
especially from major thoroughfares and residential neighborhoods.
26
j b. Avoid regular spacings 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 100 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.
b. Provide step backs above the fourth level on buildings within 100 feet
of major streets.
G. 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.
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.
d-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.
i
f. Landscape treatment should be emphasized on site boundaries facing
residential districts.
27
4.9.5.5.6. Parking Lots:
a. Parking lots should use landscaping 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.
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. Signaqe:
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. Signaqe 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 business; 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.
C. Sign materials colors lettering style and forms are compatible with building
design and use.
d. 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.
C
28
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;
f. The relationship of the topography of the lot to the siting and visibility of a sign from
adiacent 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. Signaqe 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.
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 p.m. and 6 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.
f. No animated, moving, 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 adiacent lot. Traditional holiday
decorations and lights, when in season, are allowed.
29
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 of ten (10) feet from the
streetline, 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 signaqe that is visible from the outside is allowed.
Repair and Maintenance - The Buildino Inspector is authorized to order the repair or
removal of any sign and it supporting structure that, in the judgement 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.
i. 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 Section 6.2.2.4a., b., and d., are prohibited in a PUD.
1. Sians exempted in Section 6.2.2.5 a.. f.. and i.. are exemoted in a PUD.
4.9.5.6.4 Allowed Signs in the PUD:
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.
b. 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 signaqe.
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.
If no instance shall more than four (4) signs on a building be allowed.
d. For each building within a PUD district, signs located at the entry door of specific tenants
in a multi-tenant building.
30
l
e Signs allowed in Section 6.2.3.2 i. k., and 1. are allowed in a PUD.
4.9.5.7 Special Requirements for Biotechnology Uses:
The following provisions shall apply to any establishment involving the use of
biotechnology:
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
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 IBC
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 IBC 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.
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ARTICLE 6
5.10 Retail Sales
5.10.1 No retail, commercial operation or place of business shall be open for the
transaction of retail business between the hours of 12:01 a.m. and 6:00
a.m., unless after an application and hearing before the Board of
Selectmen, the Board of Selectmen determine that it is in the interest of
the public health, safety and welfare to allow such retail, commercial
operation or place of business to operate during such hours or during
a portion of such hours.
5.10.2 This Bylaw shall not apply to the retail, commercial operation of facilities
operated by innholders and/or common victuallers and/or taverns where
a license has been duly issued for the operation of the same which
otherwise restricts or describes the hours of operation of such facilities.
This Bylaw shall not prevent a cinema from concluding the showing
of a movie that has commenced prior to 12:01 a.m.
5.10.3 For the purposes of this Bylaw, facilities operated by innholders shall
include, but not be limited to: an inn, hotel, motel, lodging house and
public lodging house or any other similar establishment for which a
license is required under Chapter 140 of the General Laws; the term
facilities operated by a common victualler shall include a restaurant and
any other similar establishment which provides* food at retail for strangers
and travelers for which a common victualler's license is required under
said Chapter; and the term "tavern" shall include an establishment where
alcoholic beverages may be sold with or without food in accordance with
the provisions of Chapter 138 of the General Laws.
5.10.4 The Board of Selectmen shall give public notice of any request whereby a
retail, commercial operation or place of business seeks to be open for the
transaction of retail business between the hours of 12:01 a.m. and 6:00
a.m. or any portion thereof, shall hold a public hearing within thirty (30)
days of receipt of any such request and may grant the request for operation
during all or any part of such hours with or without any conditions as may
be imposed by the Board of Selectmen to ensure the public health, safety
and welfare.
5.10.5 Any person violating any of the provisions of this Bylaw shall be punished
by a fine of not more than Three Hundred Dollars ($300.00) for each
offense, and in the case of continuing violation, each calendar day upon
which such retail, commercial operation or place of business shall remain
open for retail business in violation of this Bylaw shall be considered a
separate offense.
32
ARTICLE 7
Reading Business Park Project schedule
i
BEGINNING
DATE
ENDING
DATE
ACTIVITY
7-18-00
Sign Purchase and Sales Agreement
7-18-00
10-21-00
Due Diligence Period - Meeting with state
Agencies, determining the suitability of the site for the uses
ro oses, testing of site,
9-11-00
Special Town Meeting
10-21-00
1-00
Preliminary Design - additional sub-surface
exploration, determination of construction methods, site
and civil design, site grading design, drainage design
12-00
2-02
Permitting - State and local permitting including
CPDC, Conservation Commission, and Federal Permits
3-01
12-01
Final Design - Subsurface investigation'for
foundations, final landfill closure design, site development
12-00
2-02
Off-Site Mitigation - Including 25% design
through 100% design for Mass Highway review and
approval of off-site mitigation requirements
10-01
4-02
Project Bidding -By the developer, including site
development and off site mitigation bid preparation,
solicitation, and award
2-4-02
Passing of Papers to sell the site
1-02
5-03
Construction - Including landfill closure
construction, building foundation and installation, building,
final site work including grading paving landscaping and
construction of off site improvements.
33
ARTICLE 7
TOWN OF READING
DICKINSON DEVELOPMENT
MAJOR BUSINESS POINTS
INITIAL PROPOSAL
NEGOTIATED AGREEMENT
Landfill
Landfill
• Will purchase site
• Will purchase site - anticipated property
• Will close and cap landfill at developer's
closing date February 2, 2002
expense
• Will close and cap landfill at
• Additional 2 million to be paid on issuance
developer's expense - anticipated
of first certificate of occupancy, 1 million to
construction date of January, 2003.
be paid on issuance of building certificate of
• Will pay Town $2,950,000 at property
occupancy
closing ($3M purchase price less $50K
deposit)
• Dickinson & Town will share net
revenues from accepting fill 50150 until
date of property closing
Landfill Monitorin & Maintenance
Landfill Monitoring
• N/A
• Dickinson will perform monitoring up to
$40,000 per year plus CPI for 30 years;
accrued savings will be used to offset
obligations in excess of $40,000 per year
plus CPI adjustment
Environmental Insurance
Environmental Insurance
• N/A
• Dickinson will procure a policy to
benefit the Town costing approximately
$30,000 per year for 7-10 years, Town
will have option to retain insurance at its
expense after that time
Uses
Uses
• Home Depot
• 135,000 SF Retail Facility with Garden
. Center
• 107 Room Hotel
• 140 Room (minimum) Extended Stay
Hotel
• Showcase Cinemas
• Showcase Cinemas or different use
subject to BOS approval and equal taxes
• Applebee's Restaurant
• Full service Restaurant, which may be
part of hotel
• 120,000 SF of Class `A' office building
• 150,000 SF Class `A' office building
CAWIMOWS\TENQ~Business Paints for BOS 071800 RJD .doc 34
TOWN OF READING
DICKINSON DEVELOPMENT
MAJOR BUSINESS POINTS
INITIAL PROPOSAL
NEGOTIATED AGREEMENT
Penalties for Non-Development
Penalties for Non-Development
• None
• On each 12-month anniversary of the
delivery of the deed for the property
Dickinson will pay a $50,000 penalty for
each of the retail, cinema, hotel,
components if no building permits have
been issued for structures above the
foundation
• Dickinson will pay a $25,000 penalty on
the restaurant component with the same
conditions
Termination Rights
Termination Rights
• N/A
• Dickinson can terminate deal if all
necessary project permits & approvals
are not obtained
• Town can terminate deal after three
years from date of property closing if
Dickinson is not progressing with due
diligence
15-Year Value
15-Year Value
• 20 million (if office is built)
• 22.4 million (if office is built)
Off-Site Improvements
Off-Site Improvements
• Dickinson will do off-site improvements
• Dickinson will do off-site improvements
outlined in Part J. of their RFP response up
outlined in Part J. of the RFP response;
to a cost of $1 million dollars
if these are less than $1 million, Town
will get difference
• Dickinson will meet the Town's
requirement of 2:1 I/I
• Dickinson will pay the MWRA buy-in
fee up to $202,000, or alternate supply
in the same amount(s)
Dickinson will pay up to 100K.m
support of general neighborhood
improvements to area
35
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
♦ Town Meeting consists of 192
elected members, of which 97
constitute a quorum.
subject may be discussed together;
however, only one is formally on the
floor, and each when moved is acted
upon individually. Note that the vote
on one may influence the others.
♦ There are two required sessions: the
Annual Meeting in Spring which is
primarily for 'fiscal matters and
acceptance of the annual budget,
and the Subsequent Meeting in
November. Special Town Meetings
may be called at any time that the
need arises.
♦ There are three main committees
which review certain Articles and
advise Town Meeting of their
recommendations:
Finance for all expenditures of funds;
Bylaw for all bylaw changes; and the
Community Planning and
Development Commission for all
zoning changes.
Their reports are given prior to dis-
cussing the motion.
GENERAL RULES OF PROCEDURE
♦ The Meeting is conducted through
the Warrant Articles which are
presented (moved) as motions.
Only one motion may be on the floor
at a time; however, the motion may
be amended. Often two or more
Articles which address the same
♦ Members who wish to speak shall
rise, state their name and precinct in
order to be recognized.
♦ A Member may speak for ten (10)
minutes but permission must be
asked to exceed this limit.
♦ Seven (7) Members can question a
vote and call for a standing count
and twenty (20) can ask for a roll call
vote; however, a roll call vote is
seldom used because of the time it
takes.
PRINCIPAL MOTION ENCOUNTERED
AT TOWN MEETING
The following motions are the principal
ones used in most cases by Town
Meeting to conduct its business.
Experience shows that the Members
should be familiar with these.
♦ Adjourn: Ends the sessions, can be
moved at any time.
♦ Recess: Stops business for a short
time, generally to resolve a
procedural question or to obtain
information.
36
Lay on the Table: Stops debate
with the intention generally of
bringing the subject up again later.
May also be used to defer action on
an Article for which procedurally a
negative vote is undesirable.
Note that tabled motions die with
adjournment.
♦ Move the Previous Question: Upon
acceptance by a two-thirds (2/3)
vote, stops all debate and brings the
subject to a vote. This is generally
the main motion, or
♦ The most recent amendment, unless
qualified by the mover. The reason
for this as provided in Robert's Rules
of Order is to allow for other amend-
ments should they wish to be
presented.
♦ Amend: Offers changes to the main
motion. Must be in accordance with
the motion and may not substantially
alter the intent of the motion. In
accordance with Robert's Rules of
Order, only one primary and one
secondary motion will be allowed on
the floor at one time, unless specif-
ically accepted by the Moderator.
e Indefinitely Postpone: Disposes
of the Article without a yes or no
vote.
♦ Take from the Table: Brings back a
motion which was previously laid on
the table.
♦ Main Motion: The means by which
a subject is brought before the
Meeting.
THE FOLLOWING MOTIONS MAY BE
USED BY A MEMBER FOR' THE
PURPOSE NOTED:
e Question of Privilege: Sometimes
used to offer a resolution. Should
not be used to "steal" the floor.
♦ Point of Order: To raise a question
concerning the conduct of the
Meeting.
♦ Point of Information: To ask for
information relevant to the business
at hand.
MULTIPLE MOTIONS
SUBSEQUENT (MULTIPLE) MOTIONS
If the subsequent motion to be offered,
as distinct from an amendment made
during debate, includes material which
has previously been put to a vote and
defeated, it will be viewed by the
Moderator as reconsideration and will
not be accepted. If the subsequent
motion contains distinctly new material
which is within the scope of the Warrant
Article, then it will be accepted. An
example of this latter situation is
successive line items of an omnibus
budget moved as a block.
SUBJECT TO THE FOLLOWING
CONSIDERATIONS
o The maker of any proposed multiple
motion shall make their intent
known, and the content of the
motion to be offered shall be
conveyed to the Moderator - prior to
the initial calling of the Warrant
Article.
♦ Once an affirmative vote has been
taken on the motion then on the floor
- no further subsequent alternative
motions will be accepted. (Obviously
does not apply to the budget, for
example.)
37
♦ 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
38
of Selectmen not later than 8:00 p.m.
on the fifth Tuesday preceding the
Subsequent Town Meeting in which
action is to be taken, unless this day is
a holiday, in which case the following
day shall be substituted.
Section 2.1.8
The Board of Selectmen, after drawing
a Warrant for a Town Meeting, shall
immediately deliver a copy of such
Warrant to each Member of the Finance
Committee, the Community Planning
and Development Commission, the
Bylaw Committee and the Moderator.
2.2 Conduct of Town Meetings
Section 2.2.1
In the conduct of all Town Meetings, the
following rules shall be observed:
Rule 1 : A majority of the Town Meeting
Members shall constitute a quorum for
doing business.
Rule 2: All Articles on the Warrant
shall be taken up in the order of their
arrangement in the Warrant, unless
otherwise decided by a majority vote of
the Members present and voting.
Rule 3: Prior to debate on each Article
in a Warrant involving the expenditure
of money, the Finance Committee shall
advise the Town Meeting as to its
recommendations and the reasons
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
monetary 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
questions of order subject to appeal to
the meeting, the question on which
appeal shall be taken before any other.
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, a vote 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
be first in order. Motions to adjourn, to
move the question, to lay on the table
and to take from the table shall be
decided without debate.
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
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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 During
Town Meeting
No appointed or elected board,
commission, committee or other entity of
Town Government shall schedule or
conduct any hearing, meeting or other
function during any hours in which an
Annual, Subsequent or Special Town
Meeting is in session or is scheduled
to be in session.
Any such board, commission or
committee which schedules or holds a
meeting or hearing on the same
calendar day but at a time prior to a
session of Town Meeting shall adjourn
or recess not less than five (5) minutes
prior to the scheduled session of Town
Meeting.
Any board, commission or committee
may, at the opening of any session of
Town Meeting, present to that Town
Meeting an instructional motion 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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