HomeMy WebLinkAbout2010-04-26 Annual Town Meeting Warrant COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on March 8, 2010 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 Peter Sanborn Place, 50 Bay State Road
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue ,
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Wood End School, 85 Sunset Rock Lane
The date of posting being not less than fourteen (14) days prior to April 6, 2010, the date set for
the Local Election in the Warrant.
I also caused a notice of this Warrant posting to be published in the Reading Chronicle
in the issue of March l0, 2010 With an attested copy of this Warrant to be published on
the Town of Reading website on March 8, 2010
�.=-�i�. �--
� Alan Ulrich, Constable
A true copy. Attest:
Laura Gemme, Town Clerk
, TOWN WARRANT
� (Seal)
i 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 the Local
Elections and Town affairs, to meet in the following piace designated for the eight precincts
in said Town, namely:
Precincts 1, 2, 3, 4, 5, 6, 7 and 8
Readinq Memorial Hiqh School, Hawkes Field House, Oakland Road
TtJESDAY, the SIXTH DAY OF APRIL, A.D., 2010
from 7:00 a.m. to 8:00 p.m. to act on the following Articles, viz:
ARTICLE 1 To elect by ballot the following Town Officers:
A Moderator for one year;
Two members of the Board of Selectmen for three years;
One member of the Board of Assessors for three years;
One member of the Board of Assessors for one year;
Two members of the Board of Library Trustees for three years;
Two members of the Municipal �ight Board for three years;
___ Two members of the School Committee for three years; and
Seventy Town Meeting Members shall be elected to represent
each of the following precincts:
Precinct 1 Eight members for three years;
Precinct 2 Eight members for three years;
Two members for two years;
One member for one year;
Precinct 3 Eight members for three years;
Precinct 4 Eight members for three years;
One member for two years;
One member for one year;
Precinct 5 Eight members for three years;
One member for two years;
Precinct 6 Eight members for three years;
Precinct 7 Eight members for three years; and
Precinct 8 Eight members for three years.
_ _ and to meet at_the Reading Memorial High.School, 62 Oakland_Road} in said Reading on
MONDAY, the TWENTY-SIXTH DAY OF APRIL A.D., 2010
I � at seven-thirty o'clock in the evening, at which time and place the following Articles are to be
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acted upon and determined exclusively by Town Meeting Members in accordance with the
provisions of the Reading Home Rule .Charter.
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ARTICIE 2 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 Official, Board or
Special-Committee.
Board of Selectmen
ARTICLE 3 To choose ali other necessary Town Officers and Speciai Committees
and determine what instructions shall be given Town Officers and Special Committees, and
to see what sum the Town will vote to appropriate by borrowing or transfer from available
funds, or otherwise, for fhe 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
ARTICLE 4 To see if the Town will vote to amend the FY 2010 - FY 2019 Capital
Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter
and as previously amended, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken
under Article 14 of the Warrant of the Annual Town Meeting of April 27, 2009, as amended
under Article 4 of the November 9, 2009 Subsequent Town Meeting; and to see what sum -
� the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise,
as the result of any such amended votes for the operation of the Town and its government,
or take any other action with respect thereto.
Finance Committee
ARTICLE 6 To see if fhe Town will vote to authorize the payment during Fiscal
Year 2010 of bills remaining unpaid for previous fiscal years for goods and services actually
rendered to the Town, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 7 To see if the Town will vote to authorize the Board of Selectmen to
sell, or exchange, or dispose of, upon such terms and conditions as they may determine,
various items of Town tangil�le property, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 8 To see if the Town will vote to authorize revolving funds for certain
Town Departments under Massachusetts General Laws, Chapter 44, Section 53E '/2 for the
- fiseal -year beginr�ing-July 1, 2040 with the-receipts, as speeified, credi#ed to each-fund; the
purposes, as listed, for which each fund may be spent, the maximum amount that may be
spent from each fund for the fiscal year, and the disposition of the balance of each fund at
fiscal year end.
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_ Revolving Spending Revenue Allowed Expenditure Year End
Account Authority Source Expenses Limits galance
, Consulting and
engineering
Fees as provided services for the
for in Reading review of designs
Conservation General Bylaws and engineering �25,000
Commission Section 5.7, work for the Available for
Consulting Conservation Wetlands protection of expenditure
Fees Commission Protection wetlands. next ear
Legal, oversight
� and inspection,
plan rev'iew, initial
property appraisal�
and appeals,
Community
Services general
Building Plurnbing, management,
Wiring, Gas and landfill monitoring $200,000
other permits for costs, curb
the Walkers Brook sidewalks and
Crossing, Oaktree,pedestrian safety
Addison-Wesley/ improvements,
Inspection Pearson and records archiving Available for
Revolving Town Johnson Woods and other project expenditure
Fund Mana er developments related costs. next ear
Vaccines, materials
for screening clinics
and clinical supply
costs, medical
equipment and $25,000
supplies,
Public Health Clinic Fees and immunizations, Available for -
Clinics and Board of third party educational expenditure
Services Health reimbursements materials next ear
Acquire Library
Library Library Charges for lost or materials to replace Available for
Materials Director and damaged Library lost or damaged �15,000 expenditure
Re lacement Trustees materials items next ear
Utilities and all
Mattera other maintenance Available for
Cabin Recreation and operating �10,000 expenditure
O eratin Administrator Rental Fees ex enses next ear
or take any other action with respect thereto.
Board of Selectmen
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ARTICLE 9 To see if the Town wiil vote to approve the FY 2011 — FY 2020 Capital
Improvements Program as provided for in $ection 7-7 of the Reading Home Rule Charter, or
take any other action with respect thereto. - �
Board of Selectmen
ARTICLE 10 To See what sum the Town will vote to appropriate by borrowing,
whether in anticipation of reimbursement from the State under Chapter 44, Section 6,
Massachusetts General Laws, or pursuant to any other enabling authority or from the tax
levy, or transfer from available funds, or otherwise, for highway projects in accordance with
Chapter 90, Massachusetts General Laws, or take any other action with respect thereto.
Board of Selectmen
ARTICI.E 11 To see if the Town will raise and appropriate the sum of $25,000
(Twenty Five Thousand Dollars)for snow plowing and/or removal in all church parking lots.
By Petition
ARTIGLE 12 To see if the Town will vote to determine how much money the Town
will appropriate by borrowing, or from the tax levy, or transfer from available funds, or
otherwise, for the operation of the Town and its government for Fiscal Year 2011 beginning
July 1, 2010, or take any other action with respect thereto.
Finance Committee
ARTICLE 13 To see if the Town will vote to accept the provisions of Massachusetts
General Laws Chapter 64L, § 2(a) to impose a local sales tax upon the sale of restaurant
meals originating within the Town by a vendor at the rate of .75 percent of the gross receipts
. of the vendor from the sale of restaurant meals to take effect January 1, 2010, or take any
other action with respect thereto.
Finance Committee
ARTICLE 14 To see if the town will vote to change the name of the Gateway Smart
Growth Zoning Incentive Payment Stabilization Fund to the Smart Growth Zoning Incentive
Payment Stabilization Fund, and to include in the purpose any 40R project for which the
Town of Reading receives a Zoning Incentive Payment and further, to transfer additional
funds into the Stabilization Fund, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 15 To see if the Town will vote pursuant to Massachusetts General Laws
Chapter 59, Section 5, Clause 41 C to adopt a change in the income, asset and age limits of
certain elderly tax exernptions as follows:
To increa.se the in.come limits for._.unmacr.ied pe.r.so.ns tn $2O,OOQ.O_0 and for mar.rie.d persons.
to $30,000.00; to increase the asset limits for unmarried persons to $40,000.00 and for
married persons to $55,000.00; to reduce the age of eligibility to 65 years or older; and to
increase the exemption amount from $500.00 to $750.00,
or take any other action with respect thereto.
Board of Assessors -
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ARTICLE 16 To see if the Town will vote pursuant to Massachusetts General Laws
_ .,
Chapter 308, Section 12 to authorize the Town Manager to enter into a contract or contracts
including all extensions renewals and options for the collection of rubbish and recyclables,
I and for the disposal of rubbish for a period greater than three years but not exceeding 20
- years upon such terms and conditions determined by the Town Manager, or take any other
action with respecf thereto.
Board of Selectmen
ARTICLE 17 To see if the Town will vote to accept the following gifts:
1. Scholarship Fund: To be established as a permanent trust fund to be known as "Patrons
for Older Adults Scholarship" with the ineome there from to be used as an annual
scholarship award for a student who is a resident of Reading, Massachusetts, who is
planning to enter a profession that helps senior citizens (such as, but not limited to,
medicine, social work, etc.).
2. Support Fund: To establish a permanent trust fund to be known as "Patrons for Older
Adults Support Fund" with the income there from to be used no less frequently than
annually to sponsor programs which support the social needs of Reading's senior citizens
(such as, but not limited to, parties, group events, transportation to such events, etc.); to
be expended as determined by the Council on Aging in concert with the Elder/Human
Services Division.
the foregoing to be administered by the Town of Reading Comrnissioners of Trust Funds in
accordance with the wishes of the donors, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 18 To see if the Town will vote to accept a gift to establish the Patrick A. '
Schettini, Jr. Memorial Scholarship Fund to be administered by the Town of Reading
Commissioners of Trust Funds in accordance with the wishes of the donors, or take any
other action with respect thereto.
School Committee
ARTICLE 19 To see if the Town will vote to accept a gift from the Downtown
Steering Committee to fund a trust fund to be known as the "Downtown Improvement and
Events Trust." The trust fund may accept donations which may be added to the funds to be
invested and reinvested and shall be expended by the Town Manager or his designee under
the general direction of the Economic Development Committee, for the sole purposes of
� supporting and funding improvements, promotions and community events in the Downtown
area of Reading. The trust shall begin upon the acceptance hereof by Town Meeting, and
shall terminate immediately and automatically in 20 years unless the Board of Selectmen
shall determine at that time that the need and purposes of the trust continue. If the trust
continues past 20 years, the Board of Selectmen shall evaluate and determine the ongoing
need for the trust ever.y 10 years ther.eafter. Upon the termination of the Trust, the trust
assets shall be transferred to the Town of Reading to be used for any other purpose.
The Trust is to be administered by the Town of Reading Commissioners of Trust Funds in
accordance with the wishes of the donors, �
' - or take any other action with respect thereto.
Boa�d of Selectmen
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ARTICI.E 20 To see if the Town will vote to transfer the sum of $61,001 which was
previousl�y appropriated and raised by borrowing under Article 23 (Sunnyside Avenue sewer)
of the Warrant at the April 30, 2007 Town Meeting, and which sum is no longer needed to
complete the project for which it was initially borrowed, to pay all or a portion of the cost of
the California Road sewer, or take any other action with respect thereto.
Board of Selectmen
ARTIC�E 21 To see if the Town will vote to accept the provisions of Massachusetts
General Law Chapter 148, Section 261 which provides that any building constructed or
substantially rehabilitated so as to constitute the equivalent of new construction and occupied
in whole or in part for residential purposes and containing not less than four dwelling units
including but not limited to lodging houses, boarding houses, apartments, hotels,
condominiums and group residences shall be equipped with an automatic sprinkler system in
accordance with the Massachusetts State Building Code, or take any other action with
respect thereto.
Board of Selectmen
ARTICLE 22 To see if the Town will vote to amend Section 4.5.2, Junk, of the Town
of Reading General Bylaws by deleting Section 4.5.2 in its entirety and replacing it with the
following:
4.5.2 Purchase, Sale or Barter of Junk, Old Metals and Second-Hand Articles
4.5.2.1 No person shall use any building, enclosure or other structure for the storage, sale
or keeping of rags, waste paper stock or other inflammable material without a
license therefore from the Board of Selectrnen.
4.5.2.2 The Board of Selectmen may license suitable persons, upon such terms and
conditions as the Board shall determine, to be dealers in and keepers of shops for
the purchase, sale or barter of junk, old metals and second-hand articles, and no
person shall be such a dealer or keeper without such a license.
4.5.2.3 The Board of Selectmen may also license suitable persons as junk collectors to
collect by purchase or otherwise, junk, old metals and second-hand articles from
place to place within the Town, and no person shall engage in such business
without such a license.
4.5.2.4 In addition to any other means of enforcement, the provisions of this bylaw may be
enforced by non-criminal disposition in accordance with Section 5.11 of this bylaw,
or to take any other action with respect thereto.
Board of Selectmen
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ARTICLE 23 To see if the Town will vote to amend Article 2, Town Meeting, of the
Town of Reading General Bylaws as follows (new language in italics):
I2.1 General
- 2.9.9 Any tax and/or fee increase rejected by a vote of Town Meeting cannot be
brought back before Town Meeting for approval for a period of eighteen (18) months.
Nothing in this section limits the Town's ability to put such tax and/or fee increase on
the ballot at the next local election for voter approval,
or take any other action with respect thereto.
By Petition
ARTICLE 24 To see if the Town will vote fo authorize the Board of Selectmen to
convey a sewer easement to the owner of the land located at 757 Main Street which
easement is shown on a plan entitled: "Easement Plan 767 Main Street Reading,
Massachusetts, dated February 25, 2010," upon such terms and conditions and for such
consideration as the Board of Selectmen deems to be in the best interest of the Town, or
take any other action with respect thereto.
Board of Selectmen
ARTICLE 25 To see if the Town will vote to authorize the Board of Selectmen to
accept the conveyance of drainage easements located on Howard Street which easements
are shown on a plan entitled: "Plan of Drainage Easement Howard Street, Reading,
Massachusetts, dated February 2, 2010," upon such terms and conditions and for such
consideration as the Board of Selectmen deems to be in the best interest of the Town, or
take any other action with respect thereto
- � Board of Selectmen
ARTICLE 26 To see if the Town will vote to amend Section 2.0, Definitions, Section
2.2.22 and Section 6.3, Nonconforming Uses and Structures, of the Town of Reading Zoning
By-Laws by deleting in their entirety Section 2.2.22 and Section 6.3, and inserting in their
place the following new definition and section:
Definitions (New)
2.2.22 Nonconforminq - A lawful pre-existing building, structure, vacant lot, or use of
buildings or land that does not canform to the zoning regulations for the district in which it is
located, but did conform at the time it was built or established.
6.3 Nonconforminq Uses and Structures:
6.3.1 Applicabilitv:
This bylaw shall not apply to uses or structures lawfully in existence or lawfully begun, or to a
building or Special Permit issued before the first publication of notice of the public hearing
required by G.L. c. 40A, s. 5 at which this bylaw, or any relevant part thereof, was adopted.
No modification of a lawfully existing nonconforming use or structure is allowed except as
authorized hereunder.
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6.3.2 Nonconforminq Uses:
The Board of Appeals may grant a Special Permit to change or extend a nonconforming use
only if it determines that such change or extension shall not be substantially more detrimental
than the existing nonconforming use to the neighborhood. The foilowing types of changes to
nonconforming uses may be considered by the Board of Appeals:
a. Modification or extension of the existing nonconforming use;
b. Change from one nonconforming use to another, less detrimental, nonconforming use.
Once a nanconforming use is changed to a conforming use, there is no authority to allow the
property to revert to a nonconforming use.
6.3.3 Nonconforminq Structures:
6.3.3.1 The Building Inspector may issue a Building Permit for an interior
renovation, interior alteration or interior reconstruction of a pre-existing, nonconforming
structure that does or will not extend the nonconformity or create a new nonconformity.
6.3.3.2 The Board of Appeals may grant a Special Permit to reconstruct, extend,
alter, or change a nonconforming structure in accordance with this section only if it
determines that such reconstruction, extension, alteration or change does not increase the
nonconforming nature of said structure or create a new nonconformity and shall not be
substantially more detrimental than the exis.ting nonconforming structure to the
neighborhood. The following types of changes to nonconforming structures may be
considered by the Board of Appeals:
a. A reconstruction, extension or structural change;
b. An alteration to provide for a substantially different purpose or for the same purpose in
a substantially different manner or to a substantially greater extent.
6.3.3.3 For purposes of this bylaw, an increase in the nonconforming nature of a
structure will result when the portion added to the structure violates any provision of this
Zoning By-Law applicable at the time of application for the building permit required for such
addition. An increase in the nature of a nonconforming structure will not result from a mere
replacement, without undue delay, of a nonconforming portion thereof.
6.3.3.4 Nothing in this bylaw shall prevent the strengthening or restoring to a safe
condition of any building or structure, or part thereof, declared unsafe by the Building
Inspector.
6.3.4 Variance Required:
Except.as provided in Section 6 3.5 herein, tbe recQnstructian, extension or_�tr.uctural change
of a nonconforming structure in such a manner as to increase an existing nonconformity, or
create a new nonconformity, including the extension of an exterior wall at or along the same
nonconforming distance within a required yard, shall require the issuance vf a variance from -
the Board of Appeals.
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6.3.5 Alteration of Nonconforminq Sinqle and Two-Familv Residentiai Structures —
As of Riqht:
Nonconforming single and two-farnily residential structures may be extended, altered or
' structurally changed (collectively "alteration") upon a determination by the Building Inspector
that such proposed aiteration does not increase the nonconforming nature of said structure.
The Building Inspector may issue a Building Permit under any of the following circumstances:
a. For the alteration of a single or iwo-family structure which will not increase the footprint of
the existing structure, create a new dimensional nonconformity or extend an existing
dimensional nonconformity, provided that the existing height restrictions shall not be
exceeded. This clause shall apply regardless of whether the lot complies with the current
area and/or frontage requirements;
b. For the alteration of a single or two-family structure that is located on a lot which is
nonconforming only with respect to area, where such alteration will comply with all
current setback, yard, lot coverage and building height requirements;
c. For the alteration of a single or two-family structure that is located on a lot which is
nonconforming only with respect to frontage where such alteration complies with all
current setback, yard, lot coverage and building height requirements; and
d. For the alteration of a single or two-family structure which encroaches upon one or more ,
required yard or setback areas, where the alteration will comply with all current setback,
yard, lot coverage and building height requirements.
6.3.6 Alteration of Nonconforminq Sinqle and Two-Fami� Residential Structures —
by Special Permit:
In the event that the Building Inspector determines, after consideration of Section 6.3.5
above, that the nonconforrning nature of such structure would be increased by the proposed
extension, alteration or change, the Board of Appeals may, by special permit, allow such
extension, alterati�n or change where it determines that the proposed extension, alteration or
change will not be substantially more detrimental than the existing nonconforming structure
to the neighborhood.
6.3.7 Reconstruction after Catastrophe:
A lawful, pre-existing, nonconforming single or two-family building, structure or use, which
has been destroyed or damaged by fire or other casualty may be re-established, restored or
reconstructed within two years of occurrence of the damage or destruction. Re-
establishment, �restoration or reconstruction shall be permitted provided that there is no
increase in the degree of the nonconformity.
Any proposed change of use is subject to the provisions of this bylaw.
6.3.8 Voluntary Demolition and Reconstruction:
- 6.3.8.1 Any new construction, following voluntary dernolition of a nonconforming
� structure, shall be in conformance with this Zoning By-Law, except in the following
circumstances:
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a. A single-family or two-family dwelling which is nonconforming only with respect to lot
size and/or frontage may be voluntarily removed or demolished and replaced by a
new.single-family or two-family dweiling. Such reconstruction must comply with the
current dimensional controls for the district in which the dwelling is located.
b. In the event that the proposed reconstruction would (a) cause the structure to exceed
the volume or area of the original nonconforming structure or (b) cause the structure
to be located other than on the original footprint, a special permit shall be required
from the Board of Appeals prior to such demolition. The Board of Appeals may, by
Special Permit, allow such reconstruction where it determines that the proposed
reconstruction will not be substantially more detrimental than the existing
nonconforming structure to the neighborhood.
c. A detached accessory structure which is accessory to a single-family or two-family
dwelling that has nonconforming setbacks may be demolished and a new accessory
structure may be built in the same footprint; provided, that the new accessory
structure does not exceed the existing height and size limitations for accessory
structures.
6.3.9 Abandonment or Non-Use:
A nonconforming use of a structure or land that has been abandoned or not used for a period
of iwo (2) years, shall lose its protected status and be subject ta all of the provisions of this
Zoning By-Law,
or take any other action with respect thereto.
Comrnunity Planning and Development Commission
ARTICLE 27 To see if the Town will vote to amend Section 2.0 Definitions, 2.2.29
Sign, Section 4.3.3 Site Plan Review and Section 6.2, Signs, of the Town of Reading Zoning
By-Laws by deleting in its entirety 2.2.29., 4.3.3.5.1.a., 4.3.3.6.f. and Section 6.2, and
inserting in its place the following new sections: �
New Definition in Section 2.2.29 to read,
2.2.29. Siqn: Any word or combination of number, emblem, picture, design, trademark or
other device including the support structure of freestanding signs.
Signage is the collection of signs. Signage does not include temporary
holiday decorations, historical date markers or plaques, or artwork that
contains no commercial messages.
The words in italics in the following tviro paragraphs show language to be added in the
existing bylaw.
4.3.3.5.1.a.
Site Layout, which shall contain the boundaries of the lot(s) in the proposed
development, proposed structures, drives, parking, fences, walls, walks,
outdoor lighting, signage, loading facilities, and areas for snow storage after
plowing. The first sheet in this plan shall be a locus plan, at a scale �
acceptable to CPDC, showing the entire project and its relation to the existing
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areas, buildings and roads for a distance of one thousand (1,000) feet from
the project boundaries or such other distance as may be approved or required
by the staff.
4.3.3.6.f.
Minimize unreasonable departure from the character, materials, signage and
scale of buildings in the vicinity, as viewed from public ways and places;
To replace Section 6.2 entirely with the following:
6.2. SIGNS
6.2.1 Signs perform important functions in the community such,as communicating
messages and providing information about goods and services available.
Because signs potentially have detrimental impact on the visual and
perceptual environment, signs must be regulated. It is the intent of Section 6.2
of the zoning by-law to protect property values, create an attractive business
climate, enhance and protect the physicai appearance of the community and
to encourage the most appropriate use of the land. This section will also �
assist those installing signs within the Town of Reading by setting forth the
process governing the application, installation, and maintenance of such
signs.
6.2.1.2. Applicability: A sign may be erected, placed, established, painted, created or
maintained only in conformity with the provisions of this Section.
6.2.1.3 Zoninq Districts: The zoning districts are as shown on the official zoning map
which is on file with the Engineering Department and the Town Clerk's Office
and can also be found on the Town website. Reading has also adopted a
Downtown Smart Growth District (DSGD) and a Gateway Smart Growth
District (GSGD). Please refer to Section 4.12 for DSGD regulations and
Section 4.11 for GSGD regulations.
6.2.2. Definitions: For the purpases of Section 6.2., the following terms shall have the
meanings hereby assigned to them:
a. Awninq Siqn: A sign painted on or attached to the cloth, canvas or metal cover of a
movable or stationary frame of the fixed, hinged, rolled or folding type of awning.
b. Banner or Pennant: Any sign of lightweight fabric or similar material that is mounted
or affixed at one or more edges.
c. Beacon: A stationary or revolving light, not primarily illuminating a sign, which flashes
or projects illumination, single color or multi-colored, in any manner which is intended
to attract or divert attention, except any such fixture which is required by the Federal
Aviation Administration or a similar agency, and is installed and operated under the
safety regulations of such agency. •
d. Bulletin Board: Any sign erected by a charitable, educational, or religious institution
or a public body on its property for purposes of announcing events which are held on
the premises, and contains no commercial information.
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e. Commercial Messaqe: Any sign wording, logo or other representation that directiy or
indirectly names, advertises, or calls attention to a business, product, service, sale or
sales event or other commercial activity.
f. Facade: The area of the face of a building, typically the principal or front wall of a
building.
g. Free-Standinq Siqn: Any and every sign erected on or permanently affixed to the
land, including any and every sign that is not aftached to a building.
h. Halo Liqhtinq: �ight showing from the back of or from within a letter or graphic shape
out towards the surface that the letter or graphic is mounted on without having any
light visible through the face of the letter or graphic.
i. Informational and Directional Siqnaqe: A sign that has a purpose secondary to the
use of the lot on which it is located, such as "no parking, private parking, enter, exit,
one-way, street address or drive-thru teller."
j. Identification Siqn:
Joint Identification Siqn: A sign which serves as common or collective
identification for a group of persons or businesses operating on the same lot and
which contains the names and logos of establishments but no advertising or
promotional information.
Area Identification Siqn: A sign, located at the site entrance(s), identifying a
common area containing a group of structures, or a .single structure containing
several uses.
k. Marquee Siqn: Any sign attached to or made part of a marquee, that is, any
permanent canopy or structure projecting beyond and extending along a building wall.
I. Monument Siqn: A free-standing sign with a low height configuration permanently
affixed to the ground at its base and not mounted on a pole.
m. Off-Premises Siqn: Any sign which directs attention to a business, commodity,
service, entertainment, attraction or other commercial activity which is sold, offered or
existing elsewhere than upon the same lot on which such sign is located, including
any outdoor advertising sign ("billboard") on which space is leased or rented for the
purpose af conveying a commercial or non-commercial message.
n. Portable Siqn: Any sign not permanently attached to the ground or any permanent
structure or a sign designed to be transported in any way including:
- signs converted to "A" or"T" frames;
- menu and sandwich-board signs.
o. Projectinq/Blade Sign: A sign whieh is affixed to a building or other strueture where
the sign face is approximately perpendicular to the building facade.
p. Reader Board: A�sign or portion thereof with characters, letters or illustrations that
can be changed or rearranged without altering the face or surface of the sign or
signboard. A sign on which the message changes more than eight times per day
shall be considered an animated sign and not a reader board sign. A sign on which
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the only copy that changes is an electronic or mechanical indication of time or
temperature shall be considered a "time and temperature" portion of a sign and not
' a reader board sign.
q. Siqn Area: The area contained entirely within the signboard (the flat surface of
durable material upon which letters or other graphic content of a sign is displayed)
or if no sign board is present, the area contained entirely within the smallest
rectangle which completely encloses the outer extremities of all graphic material of
a sign.
r. Siqn Heiqht: The distance from the base of the sign at normal grade to the top of
the highest attached companent of the sign or sign structure. Normal grade shall
be construed to be the lower of:
(1) Existing grade prior to construction, or
(2) The newly established grade after construction, exclusive of any filling,
berming, mounding, or excavating solely .for the purpose of locating the
sign.
In cases in which the normal grade cannot be reasonably determined, sign height
shall be computed on the assumption that the normal grade is the elevation of the
nearest point of the crown of the public street along which the lot has frontage or
the grade of the land at the principal entrance to the principal structure on the lot,
whichever is lower.
_ s. Temporary Siqn: Any sign which is used temporarily, relates to events of a temporary
nature, or is not permanently mounted.
Table 6.2.3. Siqns Permitted Accordinq to Zoninq District
Max.. Max.
Sign Sign Setbacks:
Perm:it Area Meight Front Side Maximum
Type Reguired (sq. ft.) (ft.) (ft.) (ft.) Number
All Zoning Districts:
1. Personal Message N 4 6 N/A 20 1/lot
2. (dentification (Joint N 4 8 (A) N/A N/A 1/lot
and Area
3. Construction N 16(B) N/A N/A 20 N/A
4. Subdivision Sales (C) 48 N/A N/A N/A 1/subdiv.
5. Subdivision (C) 24 N/A N/A N/A 1/subdiv.
6. Real Estate Sales N 8 (G) 6 N/A 20 1/lot
7. Temp. Open N 4 N/A N/A 20 1/agency
House er lot
8. Garage/Yard Sale N 4 N/A N/A 20 1/lot
14
.9. Informational/ N 4 6 N/A N/A NIA
Directional
10. Portable/A-Frame Regulated by the Board of Selectmen—Annual Permit
Required
11. Temporary Y 16 or 30 N/A (See Section 6.2.6.2.h.)
Business Signs
Business-A, Business-C and Industrial Zoning Districts:
12. Free-Standing Y 50(D) 20 0 20 1/lot
13. Wall Y 2/4E (A) N/A 10 1/business
14. Projecting/Blade Y 8 (A)(H) N/A 10 1/business
Business-B Zoning Districts:
15. Free-Standing Y 50(d) 20 0 20 1/lot
(Service Stations only)
16. Wall Y 2(F) (A) 0 0 2/businesses
17. Projecting/Blade Y 8 (A)(M) -4 0 1/business
NOTES:
(A) No portion of such sign shall extend higher than the bottom of the sills of the
windows of the second floor of a building or higher than the lowest portion of the
eaves or, in the case of a gabled wall, no higher than a line equal in height to the
lowest portion of the lower eave of any adjoining building wall, whichever of the
above is lowest.
(B) Aggregate sign area of all applicable signs.
(C) Only as shown in Definitive Subdivision Plans as approved by the Community
Planning and Development Commission consistent with Paragraph 6.2.1.1.
(D) May not be larger than 75 square feet, if more than one business occupies the lot.
�'See Section 6.2.6.4.
15
NOTES: (Continued)
r-�
� I E) if the minimum distance from the building wall on which the sign is mounted is less
than 100 feet from the centerline of the street which the sign faces, the maximurn
sign area shall be equal to 2 square feet per linear foot of said wall occupied by the
establishment to which the sign relates; if such distance is more than 100 feet,
maximum sign area shali be equal to 4 square feet per linear foot of said wall so
occupied.
(F) No wall sign for any non-residentiai establishment shall exceed a sign area equai to
2 square feet per linear footage of length of the front wall of the buiiding occupied by
the establishment to which the sign relates.
(G)Reai Estate Signs in the Industrial Zoning Districts are allowed one sign per
business with a maximum sign area equal to 2 square feet per linear foot of said wall
occupied by the establishment to which the sign relates without a sign permit.
(H) Projecting/Blade Signs shall be at least eight (8) feet from the ground and may
project no more than four (4) feet from the structure.
6.2.4. Exempt Siqns:
Signs for which no permit is required are identified in Table 6.2.3 and Section 6.2.4.
--- The following signs are exempt from this Section 6.2 and may be installed without
__ _
permit, provided that the following is complied with:
a. Authorized signs installed by the Town of Reading or the Commonwealth of
Massachusetts, or any agency thereof, or with the express written
permission thereof, for the purposes of traffic control or traffic or pedestrian
safety or convenience, identification of public facilities or streets, or for
direction to same; public notices and warnings required by and erected by
Town, State, or Federal Government agencies.
b. Directional signs; building markers.
c. Political signs on private properties or vehicles only, provided that such sign
shall not exceed six square feet in sign area, shall not be placed in such
location as to constitute a traffic or pedestrian safety hazard, and shall not be
displayed for more than forty-two days prior to the applicable election or
� more than two days following such election.
d. Signs for churches and other federally tax-exempt institutions.
e. Holiday lights and decorations which contain no commercial messages and
which are displayed during the appropriate season.
f. Works of art which contain no commercial messages with prior Town Planner �
or CPDC written approval.
16
g. Fuei pump information signs, only as required by State law, are allowed and
shail not affect the cornputation of allowabie number of signs or aggregate -
sign size on a property.
h. Any sign within a structure, not attached to any window or door, which is not
visibie from other properties or from any street right-of-way.
i. Signs showing residenYs name, historical plaque or marker, street address
and/or name of a lawfui home occupation taking place on the premises.
j. Construction Signs, identifying contractors while doing construction work on a
property.
k. Temporary Subdivision Sales Signs and permanent Subdivision Identification
Signs as approved in connection with the Definitive Plans for such subdivision
and located at the principal entrance to the subdivision in an acceptable
easement, not within any street right-of-way or access easement.
I. Real Estate Sales Signs, including placards showing the words "Sold" or "Sale
Pending or similar not exceeding one-third the size of the sales sign.
m. Temporary Open House signs, not exceeding four square feet each, may be
placed at a rate of one per agency per intersection per property and one on
the open house property.
n. Garage/Yard Sale Signs, limited to one sign located on the property on which
the garage/yard sale is taking place and one at each of no more than two
intersections of public streets.
o. Any establishment located in a Business or Industrial Zoning District may
display:
� An "Open" Flag - with dimensional requirements not to exceed
four(4) feet by six (6) feet and may contain decorative graphics.
• A National or State Flag - with emblems of religious, educational,
governmental organization or any other federally tax-exempt organization,
except when displayed in connection with commercial promotions or
advertising. Dimensions shall not exceed four (4) feet by six (6) feet.
6.2.5. Prohibited Siqns:
No private sign shall be installed or placed on public property, except by
express permission of the Town or as otherwise allowed herein.
The following signs are prohibited in any zoning district:
a. Signs which interfere with traffic or pedestrian safety, including any which may
obstruct or interfere with traffic or pedestrian visibility or movement at any
intersection or into or out of any property, or which by reason of position,
shape, or color may interfere with, may obstruct the view of, or be confused
with any authorized traffic sign, signal, or device; or which makes use of the
words "STOP," "LOOK," "DANGER," or any other word, phrase, symbol or
character in such a manner as to interfere-with, mislead or confuse motorists
or pedestrians.
17
---, b. Signs placed or painted on any tree (other than street address), rock (other
� than street address), utility pole (other than yard sale sign), tra�c safety signr
� or similar fixture; painted on any building wall, bench, pavement, parking �
bumper or curb (other than a "Reserved" rnarking), or other similar outdoor
surface.
c. Internally illuminated signs, unless the background or signboard completely
blocks illumination or glow except through the letters and graphics.
d. Signs which contain a beacon of any type; which contain a spot light providing
direct illumination to the public; which flash, revolve, rotate, move, or blink, or
which fluctuate in light intensity; animated signs, that is, which use lighting to
depict action or to create an illusion of movement or a special effect or scene.
e. Any self illuminated or backlit signs which use �CD, LED, electronic
messaging or digital technology, neon or similar signs except as displayed on
the inside of windows subject to the provisions of Paragraph 6.2.6.2.c.
f. Free-standing signs in a Business-B Zoning District (except as permitted at
service stations). -
g. Internally illuminated signs in a Business-B Zoning District (except as permitted
at service stations). �
h. Banners as permanent signs. Banners are allowed only as temporary signs
: four times a year for an annual total of 56 days with a sign permit, refer to
Section 6.2.6.2.h. for full details.
i. Signs located on any portion of a.lot except a front yard or a side yard directly
abutting a public street. �
j. Signs which do not meet and are not maintai,ned to meet the provisions of this
Section and all applicable building, wiring, health, and safety codes; or which
are not neatly and legibly lettered.
k. Reader Board Signs are not allowed except as price displays at gas stations.
I. Balloons or blimps used as signs, a movable poster or panel sign, umbrellas
containing any commercial message; or signs attached to or painted on
vehicles traveling or parked on, o� visible from any public right-of-way, unless
such vehicle is used in the norrnal day-to-day operation of a business.
6.2.6. Siqns bv Zoninq District:
Signs are allowed or permitted in each Zoning District and are specified in
Table 6.2.3. and as follows
6.2.6.1. Business or Commercial Siqns in Residential Zoninq Districts:
Legal nonconforming business or commercial operations in any residential
zoning district shall follow the Business B-Zoning District regulations as
specified in Subsection 6.2.6.4. except that such signs shall be set back a
- minimum of twenty feet from any other.lot and shall not be illuminated except
during hours of operation. �
18
6.2.6.2. Signs in Business and Industrial Zoninq Districts:
The following signs are allowed in all Business and Industrial Zoning Districts.
In addition, please refer to Table 6.2.3:
a. All awnings and canopies shall be impervious to light so that no illumination or
glow can be seen through it. Awnings may contain letters up to four inches in
height stating only the name of the business and the street number without
requiring a sign permit. Such lettering shall not count toward allowed sign
area.
All other awnings or canopies with lettering or graphics shall require a sign
permit and count as part of the allowed sign area.
All awnings and canopies shall have a minimum ground clearance of eight
feet. Ground clearance shall be measured between the fowest point of the
awning or canopy and the ground or sidewalk.
b. Bulletin boards are allowed, provided that no free-standing or wall-mounted
bulletin board may exceed twelve square feet in size.
c. Window Signs: Window signs are encouraged on the inside surface of the
glass. Permanently afFixed, weather resistant, individual letters that are not
subject to wear and tear are permitted on the exterior of the window.
Temporary or permanent signs may without permit be attached to the inside of
� the glass surface of a window (a single structurally supported sheet of glass or
a sash) or door, or placed within the premises closer than five feet from any
window or door and situated or designed so that the sign's graphic content is
visible from the outside through an window or door, provided that any such
sign shall:
(1) Be uniformly located only in thirty percent (30%) of the glass sheet or sash;
(2) Contain no letters larger than eight (8) inches in height;
(3) Be professional in appearance and good order shall be maintained at all
times. Not be restricted with respect to graphic or message content,
whether of a permanent or femporary nature, nor be restricted with respect
to materials;
(4) Have a sign area not to exceed six (6) square feet if the sign is not
illuminated; .
(5) In addition to the above, any illuminated sign shall be placed only in a
window, and not in a door, and shall also:
(a) Have a sign area not to exceed four (4) square feet;
(b) Be placed no closer than ten feet from any other internally illuminated
window sign on the premises. In cases where there is a door or other
architectural break in the fa�ade this buffer shall be reduced to seven
(7) feet;
19
-- (c) Be placed only in a window which contains no other signs of any type;
and �
' (d) Be illuminated only during hours of operation of the business
establishment.
Notwithstanding the above, window signs shail also be allowed in conformity
with the provisions of Paragraph 6.2.6.2.h. below.
d. Directional and informational signs displaying text only, no corporate logos, or
sl�gans are allowed provided that such signs shail be limited to wall and free-
standing signs with a maximum of four square feet of sign area. One such
sign, not exceeding six (6) feet in height, may be placed at each vehicular
entrance or exit on a lot to identify such entrance or exit provided such sign
does not constitute a trafFic hazard; such signs shall not affect the computation
of allowable number of signs or aggregate sign size on a property. One such
sign, not exceeding six feet in height and four square feet of sign area, may be
placed in conjunction with each drive-up bank teller window or machine
provided that such sign shall not constitute a traffic hazard.
e. Marquee signs are prohibited except when used in conjunction with an indoor
movie theater and attached to the outside wall of the building, provided that
the size of the marquee sign shall not exceed twenty-four (24) square feet,
and the bottom of the marquee sign shall not be of a height of less than 8 feet
above the grade directly below.
____ f. Outdoor menu boards are prohibited except:
• As a portable sign with a sign permit issued by the Board of
Selectmen.
• When used in conjunction with a restaurant having a drive up window.
No more than three menu boards are allowed. The maximum
aggregate sign area is 100 square feet. No one menu board may
exceed 50 square feet. Any lettering shall not be legible from any other
property or any street right-of-way.
g. Informational and directional signs are allowed in all business and industrial
zoning districts with a maximum sign area of four square feet per sign in
accordance with Table 6.2.3.
h. Temporary signs intended for business openings and re-openings, open
houses, and special sales and promotional events for an individual business,
are allowed, provided that:
• The individual business shall place no more than four (4) such signs per
calendar year for an annual total of 56 days (except in conjunction with an
organized Town-wide common special event as specified below);
• All temporary signs shall have received a sign permit from the Building
Inspector;
• No such sign shall exceed sixteen (16) square feet in sign area or thirty
(30) square feet in sign area for businesses that have a setback more
than fifty (50) feet from the primary street upon which the business is
located;
20
• Any such sign shall be printed or legibly lettered on a rigid signboard or
fabric banner; �
• In cases where renovation or construction includes removal of permanent
�igns, a temporary sign is allowed as follows:
� • Dimensions shall be the same as temporary signs
• May be used as a permanent sign
■ May remain during construction provided the construction or
renovation is expeditiously pursued
■ Must be removed upon the installation of the permanent sign
• No such sign shall be placed so as to constitute a hazard to motorists or
pedestrians;
o If placed upon a window, any such sign shall be included in the aggregate
window area specified in Paragraph 6.2.6.2.c above.
In the case only of common special events organized by a recognized
association of businesses for which events a license has been granted by
the Board of Selectmen, an individual participating business may dispiay a
temporary sign in conjun�ction with such an event, provided that such signs
related to said events shall not exceed four per year.
Grand opening events for a new business may display for fourteen (14)
days, upon issuance of a sign permit. Non-illuminated temporary banners,
flags, balloons and streamers provided they are mounted in a way that does
not pose a hazard to pedestrian or vehicular traffic and sight lines as
determined by the Zoning Enforcement Officer. Only one grand opening
sign permit per business may be issued until the property undergoes a
change of use or change of ownership.
i. Farm Stands and Garden Stands which do not have permanent windows shall
be allowed, without permit or limitation as to number or material, to display
temporary signs identifying goods offered for sale on the premises, provided
that such signs are kept in good order and that the aggregate total sign area
of all such signs on a lot shall not exceed one square-foot per lineal feet of
frontage of such lot. Decorative noncommercial flags may be displayed for
sale.
j. Ciocks, not to exceed eight square feet in surface area per side or twelve feet
in height, are ailowed, provided that they dispiay no advertising or commercial
' material.
k. Time and temperature displays may be included in any free-standing or wall
sign, and no more than twelve additional square feet of sign area may be
added to the otherwise allowable sign area of such sign.
I. For commercial buildings containing more than one business requiring wall
signage, any wall sign provided for any such business must be in conformity
with the requirernents of this Section 6.2 and in accordance with the following
stipulations concerning an overall master signage plan for such building. The
master signage plan shall show not more than one wall sign per business
within the building. However, at the owner's election not every business within
the building need be provided with a wall sign within the proposed _
assemblage. No wall sign shall be issued a sign permit for any building for
21
which a signage plan has been submitted or approved that is not inciuded in �
or is not in conformity with the applicable signage plan. The master signage
plan need not show the specific message content for any individual sign
contained therein, so as to provide for change in business occupancy which
- may from time to time occur within the building:
(1) In all Business and Industrial Zoning Districts, the building owner may
submit for approval to the Community Planning and Development
Commission (CPDC), a master signage plan in accordance with the
provisions of Section 6.2.6.4.1. The CPDC may issue a Certificate of
Appropriateness for the building showing the allocation within the
maximum sign area as aliowed according to Table 6.2.3. hereof among
wall signs for businesses within the building. This master signage plan
shall show the size, placement, materials, framing, graphic and design
standards for each such sign and the assembiage thereof proposed within
said allowable maximum sign area, together with proposed lighting and
methods of attachment of all such signs.
Once the Certificate of Appropriateness has been approved by the CPDC,
the Building Inspector shall issue a sign permit for any individual business '
sign if it conforms to the master signage plan.
6.2.6.3. Siqns in Business-A Zoninq Districts:
Allowed Signs (also specified in Table 6.2.3):
- • Free-Standing
• Wall
_ _ • Projecting
• Internally illuminated
Prohibited Signs-:
• Banners as permanent signs
• A free-standing and wall sign for buildings that are not multi-tenant
All internally illuminated signs shall have a background or signboard that
completely blocks illumination or glow such that light is only visible through the
letters and graphics. All illuminated signs shall be turned off at the close of
business.
A lot which contains not more than one establishment shall be allowed one
free-standing sign or one wall sign or one projecting sign only. The street
address number of the property shall be prominently displayed on such sign,
and the sign shall in all respects conform to the above requirements.
A lot which contains more than one establishment shall be allowed a
maximum of the following signs, all of which shall in every respect conform to
the requirements of this Section:
a. One free-standing sign identifying the property, and
22
b. One wall or projecting sign per business occupying the ground floor and
front wall of the building, except in cases where the provisions of -
Paragraph 6.2.6.2.�. are utilized, and
c. One joint identification sign listing the names and logos of the
establishments on the premises but containing no other advertising
matter, mounted either on an appropriate building wall or on two posts,
provided that such joint identification sign shall not exceed four (4)
square feet in sign area, shall not exceed eight (8) feet in height, and
shall not be located within a front, side, or rear yard as required in
Subsection 5.1.2. hereof,
d. Either the allowed free-standing sign or, if no free-standing sign is used,
then at least one wall or projecting sign, shall prominently display the
street address number of the property.
6.2.6.3.1 Off-Premises Siqns:
The Board of Appeals may grant a Special Permit for an Off Premises
Sign including an outdoor advertising sign ("billboard") in a Business A
zoning district under the following conditions:
a. The proposed sign shall be in a Business A district immediately abutting
an Interstate Highway, and within 25 feet of the main right of way of such
highway excluding on and off ramps;
b. The placement of the proposed sign shall be conditioned upon the
elimination of no less than three non-conforming Off Premises signs
elsewhere in the Town of Reading;
c. There shall be no more than one Off Premises sign on any one lot that
existed as a separate lot at the time of adoption of this section;
d. The sign may be double sided with no greater than a 30 degree angle of
separation between the two faces;
e. Illumination of the sign shall be by external illumination only and
illumination shall be limited to the hours of 6:00 p.m. to 10:00 p.m.;
f. The sign shall not exceed 675 square feet on each of the two permitted
fa�ces;
g. The maximum height of any Off Premises sign shall be 95 feet from the
ground level upon which the sign is installed to the highest point of the
structure;
h. The nearest part of any OfF Premises sign shall be no closer than 20 feet
from an abutting property, and no less than 10 feet from the highway right
of way; and � I
;
i. The proposed use shall not be detrimental to the public good. �
23
6.2.6.4. Siqns in Business-B Zoninq Districts:
� i Allowed Signs:
1 I • Wall
• Projecting
• Awning Sign
• Externally illuminated signs
Prohibited:
• Free-Standing (except as permitted at service stations)
• Internally illuminated signs
• Banners as permanent signs
. No sign permit shall be issued for any permanent sign in the Business-B
Zoning District without the sign having been granted a Certificate of
' Appropriateness (Subsection 6.2.6.4.1.). Free-standing, wall and projecting
signs permitted in any Business-B Zoning District are specified in Table 6.2.3.
No free-standing, internally illuminated, or Reader Board signs shall be
perrnitted anywhere in a Business-B Zoning District. Free-standing signs will
be allowed only for service stations.
All internally illuminated signs shall have a background or signboard that
completely blocks illumination or glow such that light is only visible through the
letters and graphics. All illuminated signs shall be turned off at the close of
business.
Signs for properties containing more than one establishment:
_____ For a lot which contains more than one business, a Certificate of
Appropriateness may be granted for more than one sign, and a maximurn of
the following signs are allowed, all of which shall in every respect conform to
the requirements of this Section:
a. A business occupying the ground floor is allowed two (2) signs if one sign is a
wall sign and the second one is a projecting / blade sign, an awning sign, or a
wall sign that is located on a different building farade than the first wall sign.
The allowable sign area for the primary sign is equal to 2 square feet per
�linear footage of length of the front wall of the building occupied by the
establishment to which the sign relates in accordance with Table 6.2.3. The
secondary sign area shall not exceed half of the sign area allowed for the
primary sign located on the principal frontage.
b. One joint identification is allowed listing the names and logos of
establishments on the premises provided the following conditions are met:
• No additional advertising
• Shall be mounted on the building wall closest to the enttance
• Shall not exceed four(4) square feet in sign area
• Shall not exceed eight (8)feet in height
• Shall not project beyond the property line
_ c. Allowance for an Additional Wall Sign: In addition to signs allowed above, a
street address sign shall be permitted as follows:
24
• Not to exceed four(4) square feet in sign area
• Not to exceed six (6)feet in sign height
• Shall only display the street address and number of the property
6.2.6.4.1. Certificate of Appropriateness/Comrnunitv Planninq and Development
Commission (CPDC):
The CPDC shall establish procedures for receiving and reviewing applications
for signs in the Business B Zoning District, and for providing written decisions
to the Building Inspector. The CPDC shall, in reviewing such applications,
consider the design, arrangement, location, texture, materials, colors, lighting,.
and ofiher visual characteristics of each proposed sign and its compatibility
with its general surroundings with regard to the purposes outlined in
Paragraph 6.2.1.
If the CPDC shall refuse to issue a Certificate of Appropriateness for any
proposed sign, it shall state in writing the reasons therefore, with suggestions •
as to how the proposal may be modified so as to be approved.
If the CPDC shall fail to issue or refuse to issue a Certificate of
Appropriateness within forty-five (45) days of the date of a completed
application being submitted, the Certificate shall be deemed to have been
issued. An appeal from any decision of the CPDC may be made within
twenty days of such decision being filed with the Town Clerk, to the Board of
Selectrnen, who may uphold, rnodify or overrule the action of the CPDC and
grant a Certificate of Appropriateness. In those cases where proposed signs
are included as part of plans for approval under Site Plan Review (Section
, 4.3.3) or PRD Special Permit review (Section 4.10), a Certificate of
Appropriateness separate from such approval shall not be required and shall
be combined with the review of said permit.
6.2.6.5. Siqns in Business-C Zoninq Districts:
Allowed Signs:
• Free-Standing
• Wa�)
• Projecting
• Internally illuminated signs
Prohibited Signs:
• Banners as permanent signs
• A free-standing and wall sign for buildings that are not multi-tenant
The allowed signs in the Business-C Zoning District are subject to the
corresponding provisions of Paragraph 6.2.6.3. (Business-A). In addition, a
. wall sign consisting only of the name and corporate logo of the principal
occupant of a building located within eighteen hundred feet of the centerline of
an Interstate Highway may be displayed between the top course of windows
and the parapet of such building provided that sign area not exceed fifty
percent of the surface area described by the tops of such windows, the
parapet, and the wa(I corners, that letters and logo contained in or constituting
such sign shall not exceed eight feet in height, that the lowest point of such
25
sign shall not be closer than 48 feet above the ground irnmediately below, that
- -. such sign shall not be illuminated between the hours of 11:00 p.m. and
� sunrise, and that such sign shall be located on the building wall most directly
�
facing said highway.
6.2.6.6. Siqns in Industrial Zoninq Districts:
Allowed Signs:
� • Free-Standing
o Wall
• Projecting
o Internally illuminated
Prohibited Signs: '
• Banners as permanent signs
• A free-standing and wall sign for buildings that are not multi-tenant
The allowed signs in the Industrial zoning district should conform to the
provisions of Sectian 6.2.6.5. (Business-C). In conjunction with a Special
Permit to Construct a Planned Unit Development (PUD) granted in
accordance with Section 4.9. hereof, the Community Planning and
Development Commission (CPDC) may, consistent with Subsection 6.2.1.,
allow modifications to any provision of this Section. The CPDC may allow one
additional free-standing sign, not to exceed thirty-five feet in height or 144
- � square feet in sign area, in that portion of the PUD parcel's landscaped
� perimeter buffer area most closely adjacent to Route 128 but not closer than
� 500 feet from any other public street existing at the time of submission of a
relevant Preliminary PUD Plan.
6.2.6.7. Siqns 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
bylaws.
6.2.6.8 Siqns in Residential Districts:
Allowed Signs:
• Wall
• Projecting
• Externally illuminated signs
Prohibited:
• Internally illuminated signs
• Free-standing signs
• Banners as permanent signs
Except for identification signs (6.2.4.i.) or signs allowed in Subsection 6.2.6.1.,
no sign in any Residential Zoning District shall be illuminated in any manner.
Decorative non-commercial banners or flags displayed on residential lots shall
not be construed as signs for purposes of this bylaw. In connection with any
26
Speciai Permit to Construct a Planned Residential Development (PRD)
granted in accordance with Section 4.10, hereof, the Community Planning and
Development Commission may ailow modifications to any provision of this
Section which is not inconsistent with the Purposes of this Section as
specified in Subsection 6.2.1.
6.2.7. Removal of Defunct Siqns:
In .the event a business, other than a seasonal business, ceases operations for a
period of tirne in excess of thirty days, the sign owner or lessee, or the property
owner, shall immediately remove any identification or advertising of said business
or any product or service sold thereby. If the sign conforms to the provisions of this
Section, and if a permit has been requested within said thirty-day period for altering
the same sign in conformity with this Section to identify a new business in the same
location, such alteration shall be allowed. Changes in legend on any directory sign
shall be exempt from the provisions of this paragraph.
6.2.8. Nonconforminq Siqns:
A nonconforming sign may not be enlarged or altered in any way which would
increase its nonconformity. Should any nonconforming sign be damaged by any
means to an extent of more than fifty percent of its replacement cost at the time of
damage, it shail not be reconstructed except in conformity with the provisions of this
Section 6.2.,
or take any other action with respect thereto.
Community Planning and Development Cornmission
ARTICLE 28 To see if the Town will vote to arnend Section 4.4, Floodplain Districts,
of the Town of Reading Zoning By-Laws by deleting in its entirety Section 4.4, and inserting
in its place the foilowing new section:
4.4. FLOODPLAIN OVERLAY DISTRICT
4.4.1. Statement of Purpose:
The purposes of the Floodplain Overlay District are to: �
1) Ensure public safety through reducing the threats to life and personal injury;
2) Eliminate new hazards to emergency response ofFicials;
3) Prevent the occurrence of public emergencies resulting from water quality,
contamination and pollution due to floading;
4) Avoid the loss of utility services which if damaged by flooding would disrupt or
shut down the utility network and impact regions of the community beyond the
site of flooding;
5) Eliminate costs associated with the response and cleanup of flooding
conditions; �
6) Reduce damage to public and private property resulting from floo�ing waters.
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4.4.2. Boundaries of Floodplain District:
', The Floodplain District is established as an overiay district. The Fioodpiain District includes
i all special flood hazard areas within the Town of Reading designated as Zone A and AE on
the Middlesex County Flood insurance Rate Map (FIRM) issued by the Federal Emergency
Management Agency (FEMA) for the administration of the National Fiood Insurance
Program. The map panels of the Middlesex County FIRM that are whoily or partiaily within
the Town of Reading are panel numbers 25017CO292E, 25017CO294E, 25017C0303E,
25017C0311 E, 25017C0312E,"25017C0313E and 25017C0314E that go into effect on June
4, 2010. The exact boundaries of the District may be defined by the 100-year base flood
elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance
Study (FIS) report dated June 4, 2010. The FIRM and FIS report are incorporated herein by
reference and are on file with the Town Engineer
4.4.3 Definitions
AREA OF SPECIAL F�OOD HAZARD is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. The area may be
designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE or V.
BASE FLOOD means the flood having a one percent chance of being equaled or exceeded
in any given year.
DEVE�OPMENT means any manmade change to improved or unimproved real estate,
including but not limited to building or other structures, mining, dredging, filling, grading,
. j paving, excavation or drilling operations.
�
__ I DISTRICT means floodplain district.
FEDERA� EMERGENCY MANAGEMENT AGENCY (FEMA) administers the National Flood
Insurance Program. FEMA provides a.nationwide flood hazard area mapping study program
for communities as well as regulatory standards for development in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued
by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500
year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway
designation is included on the FIRM.)
F�OOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community issued
by FEMA where the boundaries of the flood and related erosion areas having special
hazards have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM) means an official rnap of a community on which
FEMA has delineated both the areas of special flood hazard and the risk premium zones
applicable to the community.
FLOOD INSURANCE STUDY rneans an examination, evaluation, and determination of flood
hazards, and, if appropriate, corresponding water surface elevations, or an examination,
- evaluation and determination of flood-related erosion hazards.
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FLOODWAY means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement or
cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles,
building access or storage in an area other than a basement area is not considered a
building's lowest floor, PROVIDED that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of NFIP
Regulations 60.3.
MANUFACTURED HOME means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. For floodplain management purposes the term
"manufactured home" also includes park trailers, travel trailers and other similar vehicles
piaced on a site for greater than 180 consecutive days. For insurance purposes, the term
"manufactured home" does not inciude park trailers, travel trailers and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION means a parc�l (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means, for floodplain management purposes, structures for which
the "start of construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community. For the purpose of determining insurance
rates, NEW CONSTRUCTION means structures for which the "start of construction" (as
evidenced by issuance of a building permit) commenced on or after the efFective date of an
initial FIRM or after December 31, 1974, whichever is later.
ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD.
REGUL,ATORY FLOODWAY - see FLOODWAY.
SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-related
erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V,
V1-30, VE.
STRUCTURE means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a
manufactured home. STRUCTURE, for insurance coverage purposes, rneans a walled and
roofed building, other than a gas or liquid storage tank that is principally above ground and
affixed to a permanent site, as well as a manufactured home on foundation. For the latter
purpose, the term includes a building while in the course of construction, alteration, or repair,
but does not include building materials or supplies intended for use in such construction,
� alteration, or repair, unless such materials or supplies are within an enclosed building on the
premises.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before-damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
29
SUBSTANTIAL IMPROVEMENT means any repair, reconstruction or improvement of a
,___, structure, the cost of which equals or exceeds 50 percent of the market value of the structure
� � either (a) before the improvement or repair is started, or (b) if the structure has been
� damaged and is being restored, before the damage occurred. For the purposes of this
definition, "substantial improvement" is considered to occur when the first aiteration of any
wall, ceiling, floor, or other structurai part of the building commences, whether or not that
alteration affects the externai dimensions of the structure.
ZONE A means the 100-year fioodplain area where the base flood elevation (BFE) has not
been determined. To determine the BFE, use the best available Federal, State, locai or
other data.
ZONE A1-30 and ZONE AE (for new and revised maps) mean the 100-year floodplain where
the base flood elevation has been deterrnined.
ZONE AH and ZONE AO means the 100-year floodplain with flood depths of 1 to 3 feet
where a clearly defined channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
ZONES B, C, AND X are areas identified in the community Flood Insurance Study as areas
of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised
maps.
4.4.4. Reference to Existinq Requlations:
The Floodplain District is established as an overlay district to all other districts. All
_ development in the district, including structural and non-structural activities, whether
permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of
the Massachusetts General �aws and with the following:
— Section of the Massachusetts State Building Code which .addresses floodplain
and coastal high hazard areas (currently 780 CMR 120.G, "Flood Resistant
Construction and Construction in Coastal Dunes");
— Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
— Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
— Minimum Requirements for the Subsurtace Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Title 5);
— Town of Reading Zoning By-Law; and
— Town of Reading Wetlands Protection By-Law.
Any variances from the provisions and requirements of the above referenced State and local
regulations may only be granted in accordance with the required variance procedures of
such regulations.
4.4.5. Uses Permitted as of Riqht in the Floodplain Overlav District:
In the Floodplain Overlay District, no new building shall be erected and no premises shall be
used except for one or more of the following uses:
30
4.4.5.1. Municipal recreation, public water supply, drainage or flood control use,
orchard, truck garden, nursery, or similar open use of the land for the raising of agricultural or
horticultural crops, for rifle, pistol and shotgun shooting on land of any established range. _
4.4.6. Uses Permitted in the Floodplain Overlav District Bv Special Permit:
4.4.6.1. If authorized by the Board of Appeals, commercial golf course, or non-profit
social, civic or recreational use (but not including any use the chief activity of which is one
customarily conducted as a business); and buildings and sheds accessory to any use
permitted in the district. �
4.4.6.2. If any land defined in the bylaws as being in a Floodplain Overlay District is
proven to be in fact neither subject to flooding nor unsuitable for human occupancy because
of drainage and topographic conditions, and if the use of such land will not be detrimental to
the public health, safety and welfare, the Boacd of Appeals may permit buildings for human
occupancy on such land in accordance with the requirements of the underlying district after
the necessary proof has been presented to and reported on by the Community Planning and
Development Commission and the Board of Health.
4.4.7. Uses Prohibited in the Floodplain Overlay District:
Dumping, filling or ear#h transfer or relocation operations are prohibited except for utility
trenches, driveways, landscaping and accessory building foundations, or municipal or public
facilities.
4.4.8. Conditions for Approval for uses Permitted in the Floodplain Overlay District:
4.4.8.1 Within the floodplain overlay district, no new construction, substantial
improvement or other land development shall be permitted unless it is
demonstrated by the applicant that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
� development, will not increase the water surface elevation of the base flood.
For the purposes of this section, substantial improvement shall be taken to
mean: any repair, reconstruction, or improvement of a structure, the cost of
which equals or exceeds fifty percent of the market value of the structure
either
(a) before the improvement is started, or
(b) if the structure has been damaged and is being restored after the
� damage occurred. .
4.4.8.2 For new construction, substantial improvements of existing structures or other
land development, the following conditions shall apply:
1) All new construction or improvement of non-residential structures shall either
have the lowest floor, including basement, at or above the base flood
elevation, or along with attendant utility and sanitary facilities, shall be flood
proofed; i.e., designed so that below the established base flood elevation,
the structure is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability of
resisting hydrostatic and'hydrodynamic loads and effects of buoyancy.
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2) Within Zones A and AE where base flood elevations are provided on the
FIRM: elevations shall be determined by using the flood profile contained in
the Flood Insurance Study.
—� 3) Within Zones A and AE, where the base flood elevation is not shown on the
FIRM, the applicant shall obtain any existing base flood elevation data as a
basis for the elevation and flood-proofing requirements of this section and
� shall submit such base flood elevation data to the Board of Appeals at the
time of making application for a special permit under this section. When
base flood data is not available, the base flood elevation shall be determined
through hydrologic and hydraulic analyses performed by a registered
professional en.gineer in accordance with standard engineering practices.
4) The structure will withstand the effects of flooding. The ground level around
and extending 25 ft. outward from any building or structure in a Floodplain
District shail be raised as necessary so that no part of the ground level area
so defined, shall be below the elevation shown on the FIRM. Embankments
subject to possible scouring by flood waters shall be properiy stabilized and
protected to prevent erosion by flood waters.
5) The containment of sewerage, safety of gas, electric, fuei, and other utilities
from breaking, leaking, short circuiting, grounding, igniting, electrocuting or
any other dangers due to flooding, will be adequately protected.
6) Safe vehicular and pedestrian movement to or over, and from the premises
_ shall be provided on ways having a minimum profile elevation of no less
, than the base flood elevation.
i
,;
__; 7) Methods of drainage shall be adequate.
8) Other land in the Floodplain Overlay District shall be protected from impacts
resuiting from all work of development both approved and not approved on
the premises.
9) Where watertight flood proofing of a structure is permitted, a registered
professional engineer shall verify that the methods used will be adequate to
withstand the flood depths, pressures and velocities, impact and uplift, and
other factors associated with the base flood.
10) A registered professional engineer shall certify that the above minimum
conditions listed in Sections 4.4.4 and 4.4.8 are satisfied in the design
proposal.
4.4.9. Base Flood Elevation and Floodwav Date:
4.4.9.1. Floodway Data. In Zones A, and AE, along watercourses that have not
had a regulatory floodway designated, the best available Federal, State, local or other
floodway data shali be used to prohibit encroachments in floodways which would result in
any increase in flood levels within the community during the occurrence of the base flood
discharge.
4.4.9.2. Base Flood Elevation Data. Base flood elevation data is required for
_ subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the
lesser, within unnumbered A zones.
. 32
4.4.10 Notification of Watercourse Alteration:
In a riverine situation, the Conservation Comrnission shall notify the following of any
alteration or relocation of a watercourse:
• Adjacent Communities
• NFIP State Coordinator
Massachusetts Department of Conservatibn and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
■ NFIP Program Specialist
Federal Emergency Management Agency, Region i
99 High Street, 6th Floor
Boston, MA 02110
and further, that the Zoning Map of the Town of Reading be amended to adopt the
boundaries of the new overlay district as defined on the Middlesex County Flood insurance
Rate Map (FIRM) that goes into effect on June 4, 2010 and as further defined by the
Middlesex County Flood Insurance Study (FIS) report dated June 4, 2010,
or take any other action with respect thereto.
Community Planning and Development Commission
ARTIC�E 29 To see if the Town wiil vote, pursuant to Section 2-6 of the Reading
Home Rule Charter, to declare the seats of certain Town Meeting Members to be vacant and
remove certain described persons from their position as Town Meeting Members for failure to
take the oath of office within 30 days following the notice of election or for failure to attend
one half or more of the Town Meeting sessions during the previous year, or take any other
action with respect thereto:
Precinct 1
Crawford �ynne A 2011
D'Entremont Keith J 2011
Precinct 2 �
Connearney Joseph T Sr. 2011
�am Wei E 2011 .
Snow George A 2011
Sullivan John B 2011
Precinct 3 �
Jones Randall W 2011
Precinct 5 �
Kelley Timothy J 2011
Precinct 8
Griset William J Jr 2011
Herrick Karen Gately 2012
Board of Selectmen
33
, 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 April 6,
- � 2010, the date set for the Election in said Warrant, and to publish this Warrant in a
newspaper published in the Town, or providing in a manner such as electronic submission,
holding for pickup or mailing, an attested copy of said Warrant to each Town Meefing
Member.
Hereof fail not and make due return of this Warrant with your doings thereon to the
Town Clerk at or before the time appointed for said meeting.
Given under our hands this 2nd day of March,,2010. �
Ben Tafoya hairm
/L' � �
� James E. Bonazoli, ' e Chairm -,
�
. ---------�., .�:-;Z.,�.�<..���•
�' 7. C'C."G�'� �
� /� ./ J �:
_ . �
__,_.---. .
Camille W. Anthony, Secretary
_ :.
; � ,: s
� ' �
, , ; ,
r � �
' / I+�) �'� ( ,- ' ,! �
�r�� ,��,�
, ' �. 6 y
% �' 1�,
� Richard W. Schubert
Stephen A. Goldy
<'� �1 � � SELECTMEN OF READING
•.`�"��i' .�`,/� -//.��'�" C--� �
./� �
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Alan�1�/. Ulrich, Constab�e
34