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HomeMy WebLinkAbout2010-03-02 Board of Selectmen Packet - Part 1~o N OFF? FgO~yc Town o Reading 16 Lowell Street Reading, MA 01867-2685 s3s INCOR40~P FAX: (781) 942-9071 Email: townmanager@ci.reading:ma.us TOWN MANAGER Website: www. readingma.gov (781) 942-9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: February 26, 2010 RE: Aizenda March 2, 2010 4a) Ruth Urell and Lorraine Barry will be in to talk about the Library, particularly children's and teen's library services. 4b) The Annual Town Meeting Warrant is enclosed with the packet. It is still subject to final review by Town Counsel and potential minor changes. 4c) Sam's Bistro on south Main Street has applied for their liquor license and the hearing is scheduled for 8:30 p.m. 4d) Enclosed is a summary of the directions from. the Board of Selectmen with regard to fees for the 2011 budget, and a copy of the list of liquor licenses issued. As I noted on the list of licenses, there are 21 licenses- and if we did our standard increase of $100 per year per license, that would yield $2100 of the estimated $5000 increase in fees. We will have additional information on the other license fee increases for you on Tuesday night. This is for discussion purposes at this time. 4e) I have developed a draft of the changes to the license for outdoor dining, to address the issue of service and sale of liquor. This is in draft and subject to Selectmen's review prior to setting up a public hearing. 4f) Enclosed is a draft policy on licensing junk dealers I have reviewed this with Town Counsel. This is in draft and will be subject to a hearing at a later date once the Board of Selectmen feels comfortable with the proposed policy. PIH/ps 12 - ")DAFT April 2010 Annual Town Meeting WARRANT OUTLINE 02/26/2010 Art. Mover/ # Article Description Sponsor Comment Moderator Notes 1 l~C~l~~Tl ~ T .1 o 1 of t;. I r ii J J l) cciil n ) n O u R ~;>rt ln~t~u~tt~m~ K) lnl oI ~J ~tmcn ~ 4 Amend Capital Improvement Board of Selectmen I o Program FY 2010 FY 2019 1 4 f ACS ~mcn~l f ~ ~Ul~~ liu~l I t, 11'~CU~1 ~ c ird of Selectmen C f y - r - •l . r w 1 ~ >>~po~~ll ul ~ m~ ~hl~ hr~~hu tv Board of Selectmen ~ 5 l tit h orizing Revolving Funcl13; t u l 1 1 l> ~ 9 Approving FY. 2011 to FY 2020 Board of Selectmen a Capital Improvement Program 1O ~l)1»l~l~lllllll~ ~i~9pl L ~)I) IUl7i~_ il3U ll'~] tll ~~l~~ll]]<_I1~0 ~ a n s at a a~ r ~i 1 ~ < ~ ~ < ~~1 o l 1 '1111 1>u~i~ cf 1 11 ~ lphrr~it~l~ z - , L f ~ ~ . r ~~_1 :~5. y N ~v.i~ ~ M1 _ . ~~LL_ 3..i,q,; Y<_ ~.--t' ! _ '_uv._~ - ~ ® lls tax I I ~~1 tin,- ~l 1 A ecep ' t 13 Revise "Smart Growth" Stabilization Board of Selectmen 3 vote fund, and appropriate money into the fund 1 > ~ ~ { c-`-idYfi yt ' . c rt to i lF ' - ' ,.L t. ~ F,r; , . 14 Change in the income, asset and age Board of Assessors limits of certain M.G.L. Chapter 59, Section 5, Clause 41C elderly tax exem tions ,1j t'i _ 1, ~ ' IV ( ' r7t ~ ~ 15 . ._.....~.~.....__~.~~~...~--.~-c ~ I_ _..._C -1 r;r . rS, • Authorizing contracts greater than 3 Board of Selectmen ♦ 2/3 vote years - Rubbish disposal; Rubbish collection and recycling x = ~s Y art ,3 4b~ 16 Accept gifts from Patrons for Older Board of Selectmen • Adults Inc. ~f 17 Accept gift - Patrick Schettini School Committee • Scholarship 18 Accept Gift - Downtown Steering Board of Selectmen • Committee i - r 19 Authorizing. use of Board of Selectmen • 2/3 vote Sunnyside/Fairview sewer debt for California Road sewer project :s-- 20 Acceptance of Chapter 148 section Board of Selectmen • 26i - sprinklering of buildings with 4 or more housing units 21 Amending General Bylaw section Board of Selectmen • 4.5.2 to make the junk license penalty subject to the noncriminal disposition process ~ / i I ~ ~ ~ t c ~ ~ . ~ antrng easement to 767 Main Street Board I ~ c 1 ~ ~t» > ~a~ Y i ~Y1 Y Vii; ss ii a , r r r, •,n' + , ~ ....~R,', S` ~ ` ~ ( ~ ~ t7 , r " ~ ` ~ ~ te , i~r c 23 Accepting easement -Howard Street Board of Selectmen • 2/3 vote drainage 24 Zoning - amending section 6.3 Community Planning • . 2/3 vote and Development Commission . . a,,` r ti ~a° t";~G.~ at r -t" da ht -rr 25~ Zoning - Amending Sign regulations Community Planning • 2/3 vote and Development Commission 25 Zoning re flood plain map Community Planning 2/3 vote and Development Commission ~l .f 26 Removal of l )v, ri ~lcciins mere hers 13(,,u d c f Selectmen o G ~ ~ ' ~ ~ r- P =.v- ;~fi - z. 1. :r.`,?'rr-;~~,r-l~~',k~'sn'r%•t_. y < a ~ ire. a,r f~il,T e,} rx, -_"L~.._~~"Z3'8~-7v"~~.'I.''Jri~.~i,CSS~,i~X k53 T. _u' s~~• v _ ~ ~~,~rtt-~:~r!Y, Jt_ ~ . `,T{c 14 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on 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 Electionin this Warrant. also caused a posting of this Warrant to be published in the Reading Chronicle in the issue of with an attested copy of this Warrant to be published on the Town of Reading website on also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of Alan W. Ulrich, Constable A true copy. Attest: Laura Gemme, Town Clerk yb3 15 TOWN WARRANT (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 the Local Elections and Town affairs, to meet in the following place designated .for the eight precincts in said Town, namely: d8 Readina Memorial H TUESDAY, the SIXTH DAY OF'`* Rll ' 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>Light Board forthree 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 16 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. 2 q bl Q, ARTICLE 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 all other necessary Town Officers and. Special Committees and determine what instructions shall be given Town Officers and,,.;.Special Committees, and to see what sum the Town will vote to appropriate by borrowing, or transfer from available funds, or otherwise, 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 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 Horne Rule Charter and as previously amended, or take any other action with respectahereto. 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,. ortransfer 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 actioh. with respect thereto. Finance Committee ARTICLE 6 To see if the 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, &r lake 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 tangible property, or take any other action with respect thereto. Board of Selectmen 17 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 1/2 for the fiscal year beginning July 1, 2010 with the receipts, as specified, credited 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. 3 qt's Revolving Spending Revenue Allowed Expenditure Limits Year End Account Authority Source Expenses Balance Consulting and engineering Fees As provided services for the f or in Reading review of designs 000 $25 Conservation General Bylaws and engineering 7 Available Commission Section 5.7, work for the for Consulting Conservation Wetlands protection of expenditure Fees Commission Protection wetlands. next year - Legal, oversight_ : and inspection, plan review.,; initial property appraisals and appeals, Community Building Plumbing, Services general Wiring, Gas and management, $200,000 other permits for landfill monitoring the Walkers Brook costs, cusp Crossing, Oaktree; sidewalks; and., Addison pedestrian safety Wesley/Pearson, improvements, Available Inspection and Johnson records archiving. for Revolving Town Woods and' other project expenditure Fund Manager developments related costs. next year Vaccines, materials for. screening clinics and clinical supply costs, medical $25,000 equipment and supplies, Available Public Health Clinic fees and immunizations, for Clinics and' Board of third party educational expenditure Services Health reimbursements materials next year Acquire Library Available Library Library Charges for lost or materials to $15 000 for Materials Director and damaged Library replace lost or , expenditure Replacement Trustees materials dama ed items next year Utilities and all Available Mattera other maintenance $10 000 for Cabin Recreation and operating , expenditure Operating [Administrator ,Rental Fees expenses next year or take any other action with respect thereto. Board of Selectmen 18 q6~ ARTICLE 9 To see if the Town will vote to approve the FY 2011 - FY 2020 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 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 actionVAth. respect thereto. Board of Selectmen ARTICLE 11 To see if the Town will vote to determine how much money the Town will appropriate by borrowing, or from the tax levy, orAronsfer 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 respectJhereto. Board of Selectmen ARTICLE 12 To see if the Town will vote to accept,fhe provisions of G.L. c. 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 fake any other *action with respect thereto. Finance Committee ARTICLE 13 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,to take any other action with respect thereto. Board of Selectmen ARTICLE 14 To see if the Town will vote to adopt a change in the income, asset and age limits of `certain M.G.L. Chapter 59, Section 5, Clause 41 C elderly tax exemptions as follows: To increase the income limits for unmarried persons to $20,000.00 and for married 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 to $750.00, . or take any other action with respect thereto. Board of Assessors ARTICLE 15 To see if the Town will vote pursuant to Mass 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, and for the 5 GIL 19 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 respect thereto. Board of Selectmen ARTICLE 16 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 income 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/or Older Adults Support Fund" with the income there from to'`be used `to 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 Commissioners of Trust Funds in accordance with the wishes of the donors, or take any other action with respect thereto. Board of Selectmen ARTICLE 17 To see if the Town wilf: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 h, accordance' with the wishes of the donors, or take any other action with respect,--thereto. School Committee ARTICLE 18 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 funds are to 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 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 time1 hat 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 every 10 years thereafter. 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. Board of Selectmen e Ny,B 20 ARTICLE 19 To see if the Town will vote to transfer the sum of $61,001 which was previously 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 ARTICLE 20 To see if the Town will vote to accept Massachusetts General Law Chapter 148 Section 261 which provides that any residential building with four. or more residential. units that is constructed or substantially rehabilitated to constitute the equivalent of new construction would be required to install an automatic sprinkler-System in accordance with the Massachusetts State Building Code, or take any other action with respect thereto. Board of Selectmen ARTICLE 21 To see if the Town will vote to amend Section 4.52;: 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 iunk, 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 Selectmen. 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 dunk; ;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 21 ARTICLE 22' To see if the Town will vote to authorize the Board of Selectmen to grant a sewer easement in Reading, Middlesex County, MA located on land at 757 Main Street which easement is shown on a plan entitled: "Plan of Easement for Sewer Purposes dated March 2010", to determine the minimum amount to be paid for such easement; and to authorize the Board of Selectmen to grant all or any part of said easements for such amount or a larger amount, and upon such other terms and conditions as the Board of Selectmen shall consider proper and to deliver a deed or deeds therefore if necessary; or take any. other action with respect thereto. Board of Selectmen 7 qbl ARTICLE 23 To see if the Town will vote to authorize the Board of Selectmen to accept the conveyance of drainage easements in Reading, Middlesex County, MA located on Howard Street which easements are shown on a, plan entitled: "Plan of Drainage Easement Howard Street, Reading Massachusetts Street, dated February 2, 2010"; to determine the minimum amount to be paid for such conveyance; and to authorize the Board of Selectmen to accept all or any part of said rights and easements for such amount or a larger amount, and upon such other terms and conditions as the Board of Selectmen shall consider proper and to deliver a deed or deeds therefore if necessary; or take any other action with respect thereto. Board of Selectmen ARTICLE 24 To see if the Town will vote to amend:; Definitions 2.2.22 and Section 6.3, Nonconforming Uses and Structures, of the Town ;:of Reading Zoning By-Laws by deleting in its entirety Definition 2.2.22 and Section 6.3';,. and inserting in its place the following new definition and section: Definitions (New) 2.2.22 Nonconforming A lawful pre-existing building, structure, vacant `lot, or use of buildings or land that does not conform 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 Nonconforming Uses and Structures. 6.3.1 Applicability This By-Law 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 By-Law; or any relevant part thereof, was adopted. No modification of -a lawfully existing 'nonconforming use or structure is allowed except as authorized .hereunder. 6.3 2 Nonconforming 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 following types of changes to nonconforming uses may,, be considered by the Board of Appeals: a. Change or substantial extension of the existing nonconforming use; b. Change from one nonconforming use to another, not substantially more detrimental, nonconforming use. Once a nonconforming use is changed to a conforming use there is no authority to allow the property to revert to a nonconforming use. s qL1 C? 22 6.3.3 Nonconforming 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 existing 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: 4fferent 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 By-Law an increase in .the nonconforming "nature of a structure will result when the portion added to the structure violates any provision of this Zoning Bylaw 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 By-Law 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, :the reconstruction, extension or structural 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 of a variance from the Board of Appeals. 6.3.5 Alteration of Nonconforming Single and Two-Family Residential Structures - As of Right Nonconforming single and two-family residential structures may be extended, altered, or structurally changed (collectively "alteration") upon a determination by the Building Inspector that such proposed alteration 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 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; . b. 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; 9 1' 23 c. 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; and 24 d. for the alteration of a single or two-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. 6.3.6 Alteration of Nonconforming Single and Two-Family Residential Structures - by Special Permit In the event that the Building Inspector determines, after consideration of section 6.3.5 above, that the nonconforming 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, alteration, or change where it determines that the proposed, exte hsion, 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 singie,•or two family bolding,,. 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 By-Law. 6.3.8 Voluntary Demolition and Reconstruction 6.3:8.1 Any new construction, following voluntary demolition of a nonconforming structure., shall be in conformance with this zoning by-law, except in the following circumstances a. a':si.ngle-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':. dwelling. 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 10 qb iz 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 two (2) years, shall lose its protected status and be subject to all of the provisions of this zoning by-law. Or take any other action with respect thereto Community Planning and Development Commission ARTICLE 25 To see if the Town will vote to amend .Section:2.0 Definitions, 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., 4.3.161 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. Sign: 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 cofnmercial messages: The words in italics in the following two paragraphs show language to be added in the existing by-law. 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 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. 11 j 1b 2 5 `l 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 physical 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 Zoning Districts: The official zoning map 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). Please refer to Section 4.12 for DSGD regulations. 6.2.2. Definitions: For the purposes of Section 62, the following terms shall have the meanings hereby assigned to them: a. Awning Sign: 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.ed'ges. c. Beacon: A stationary or revolving light, not primarily. illuminating a sign, which flashes or projects illuminatioh, single color or``i ulti-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 o:r'a public body on its property for purposes of announcing events which are held on the premises; and;contains no commercial information. e. Commercial MessageAny sign wording, logo, or other representation that directly 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-Standing Sign: Any and every sign erected on or permanently affixed to the land, including any and every sign that is not attached to a building. h. Halo Lighting: Light 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. 12 qk,(y 26 i. Informational & Directional Signage: 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 Sign: Joint Identification Sign: 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 Sign: 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 Sign: 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. 1. Monument Sign: 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 Sign: 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 of conveying a commercial or `non-commercial message. n. Portable Sign: Any sign not permanently attached to the ground or any permanent structure or a sign designed to be transported in anyway including: signs; converted to "A" or "T" frames; menu and'sandwich=board signs. o. Proiecting/,Blade Sign: A sigh Which it affixed to a building or other structure where the sign face is, approximately perpendicular to the building facade. V 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 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. Sian 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. Sign Height: The distance from the base of the sign at normal grade to the top of the highest attached component of the sign or sign structure. Normal grade shall be construed to be the lower of: 13 ubI 5 27 (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 Sian: Any sign which is used temporarily, relates to'events of a temporary nature, or is not permanently mounted. 28 Table 6.2.3. Signs Permitted According to Zoning District„ Max. Max. Sign Sign Setbacks: Permit Area Height Front Side Maximum Type Require (sq. (ft.) (ft.) (ft.) Number d ft.) All Zoning Districts: 1. Personal N 4 6 N/A 20 1/lot Message 2. Identification. N (A) N/A N/A 1/lot (Joint & Area) 3. Construction N 16(B) N/A 'N/A 20 N/A 4. Subdivision (C) 48 .N/A N/A N/A 1/subdiv. Sales 5. Subdivision (C) 24 N/A N/A N/A 1/subdiv. 6. Real Estate N 8 (G) 6 N/A 20 1 /lot Sales 7. Temp. Open N 4 N/A N/A 20 1/agency per lot House 8. Garage/Yard N 4 N/A N/A 20 1/lot Sale 9. Informational / N 4 6 N/A N/A N/A Directional 14 Iqb(~ 29 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 / Y 8 (A)(H) N/A 10 1/business Blade Business-13 Zoning Districts: 12. Wall Y 2(F) (A) 0 0 2/business' 13. Projecting / Y 8 (A)(H) -4 0 1/business` Blade 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 Hof 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` an Development Commission consistent with Paragraph 6.2.1 (D) May not be larger thari. 75 square; feet, if more than one business occupies the lot. *.SPe Section 6:2.6.4. 15 qb NOTES (continued): 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 maximum 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 shall be equal to 4 square feet per linear foot of said wall so occupied. (F) No wall sign for any non-residential establishment shall exceed a sign area 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:;' (G) Real Estate Signs in the Industrial Zoning Districts are allowed 1 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. Additional requirements by type is e m Table 6. 1. Displayed for not more than 14: days. 2. May display resident's name, address; name of home occupation. 3. Free-standing only; to be removed prior to Occupancy Permit. 4. Free-standing only; to be removed prior to.Occupancy Permit for the last house in the subdivisions 5. Free-standing only; at principal entranceJo subdivision. 6. Free-standing only; to be removed by 14th day after transfer of property. 7. Plus 4 total directional/agency/event; one per intersection, displayed only from 9:00 a m. to 6:00 p.m. on the day of event. 8. Plus up to two directional signs/.events; displayed only from 6:00 p.m. on the day before e,Vent to 6:00,0.m.* 'on day of event. 9. Not more than two sign faces; 0' side setback on corner lots. 10. Parallel mounting on building wall only; no portion may project more than twelve inches from building wall; lesser front setback permitted for legally nonconforming buildings. 11. Perpendicular to building wall, no portion may project more than 4 feet from building; 10 feet minimum clearance above ground; no exposed guy-wires or turnbuckles. 12.. Parallel mounting on building wall only; no portion may project more than six inches from building wall. 13. Perpendicular to building wall; no portion may project more than 4 feet from building; 10 feet minimum clearance above ground; no exposed guy-wires or turnbuckles. 16 qbl 9 30 6.2.4. Exempt Signs: 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 =.,,pedestrian ss written permission thereof, for the purposes of traffic control or safety or convenience, identification of public facilities oc` 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 decoratiohs 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 CPDG.written approval. g. >Fuel :pump information signs, only as required by State law, are allowed and shall not affect the computation of allowable 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 visible from other properties or from any street right-of-way. i. Signs showing resident's name, historical plaque or marker, street address and76rname of a lawful 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. 1. 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. 17 40 31 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 reous, 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 Signs: 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, ; cr which by reason of position, shape, or color may interfere with, may obstruct the view of, or be confused with anyauthorized, traffic sign, signal, or device; or which makes use of the word!E "MP," "LOOK," "DANGER,", or any other word, phrase, symbol, or character `in';such;a manner as to interfere with,. mislead, or confuse motorists or pedestrians.. b. Signs placed or painted on any tree (other than street address), rock (other than street address); utility pole (other than yard sale sign), traffic safety sign, or similar fixture; painted on any building wall, bench, pavement, parking bumper or curb (other than a "Reserved" marking), or other similar outdoor surface. C. Internally illuminated signs, unless the background or signboard completely blocks'~illurnination 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 . LCD, 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. Free-standing signs in a Business-B Zoning District. 18 ~ 10 -2,, o 32 g. Internally illuminated signs in a .Business-B Zoning District. 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 6.2.3.2.i. 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 maintained 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 pricedisplays 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, or visible from any public right-of-way, unless such vehicle is used in the normal day-to-day operation of a business. 6.2.6. Signs by Zoning 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 Signs in Residential~Zoning 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: 6.2.6.2,.. ` Signs in Business and Industrial Zoning Districts: The following signs are allowed in all Business and Industrial Zoning Districts. In addition, please refer to Table 6.2.3: 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. 33 All awnings and canopies shall have a minimum ground clearance of eight feet. Ground clearance shall be measured between the lowest point of the 19 q p"I awning or canopy and the ground or sidewalk. No awning or canopy shall be illuminated in such a way that the light from such illumination is visible through the canopy or awning. b. Bulletin boards are allowed, provided that no free-standing or wall-mounted bulletin board may exceed twelve square feet in size. c. W indow 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 (30%) percent 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 temporary 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; architectural break in the facade this buffer shall be reduced to seven (7) feet;; (5) In .:addition to the above, any, illuminated sign shall be placed only in a % shall also: window; and not in a door, and (a) Have a sign area not to exceed four (4) square feet; (bj 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 (;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 shall also be allowed in conformity with the provisions of Paragraph 6.2.6.2.h: below. 34 d. Directional and informational signs displaying text only, no corporate logos, or . slogans are allowed provided that such signs shall 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 20 q62~ 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 menuboards are allowed., The maximum aggregate sign area is 100 square feet. No one sign rnay.: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, 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 signs, 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, ® 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 35 21 q b 23 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 display a temporary sign in conjunction 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. Clocks, not to exceed eight square feet m surface area per sidd'or twelve feet in height, 'are allowed, provided that they display no advertising or commercial material. k. Time and temperature displays maybe 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. 1. 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 requirements 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 which a signage plan has been submitted or approved that is not included 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 frorn'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 allowed 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 assemblage thereof proposed within 36 22 q bzN 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. Signs in Business-A Zoning Districts: Allowed. Signs (also specified in Table 6.2.3): 6 Free-Standing ® Wall ® Projecting ® Internally illuminated Prohibited Signs: ® Banners as permanent signs ® A free-standing *and wall sign for b uildings:that are not multi4enant 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. hall be turned off at the close of business. A lot which contains not rnore"'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 sigri shale 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 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 ,612.6.21. arp*..ublized, 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. 23 ~~zs 37 6.2.6.3.1 Off-Premises Signs: 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 face's;, 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 faces; 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 structu re; 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 38 i. The proposed use `shall not be detrimental to the public good. 6.2.6.4. ":.,Signs in Business-B Zoning Districts: Allowed Signs: Wall ® Projecting Awning Sign ® Externally illuminated signs Prohibited: ® Free-Standing ® 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.). Wall and projecting signs permitted / 24 (v in any Business-B Zoning District are specified in Table 6.2.3. No free- standing, internally illuminated, or Reader Board signs shall be permitted anywhere in a Business-B Zoning District. 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 maximum 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, s gn, an awning sign, or a wall sign that is located on a different building fagade 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 isting the names and logos of establishments on the premises provided. the following conditions are met: • No additional advertising • Shall be mountedon the, building wall closest to the entrance • Shall not exceed four (4)` square feet in sign area • Shall not exceed eight (8) feet in height • Shall not project beyond the propertyline c. Allowance for an.Additional WaILSign: in addition to signs allowed above, a street,-'address sign shall be permitted as follows: • Not~4o'.exceed:Jour (4) square feet in sign area • Not to exceed 'six (6) feet in sign height o `Shall only display the street address and number of the property 6.2.6.4.1; Certificate.of; Appropriateness / Community Planning and Development 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 other visual characteristics of each proposed sign and its compatibility with its general surroundings with regard to the purposes outlined in Paragraph 6.2.1. 39 25 ~b21 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 CP.DC. may be made within twenty days of such decision being filed with the Town Clerk, to the Board of Selectmen, who may uphold, modify 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. 626.5. Signs in Business-C Zoning Districts: ' Allowed Signs: • Free-Standing • Walt • Projecting • Internally illuminated signs. Prohibited `Signs: • Banners as permanent signs • A free-standing and wall sign for:buildings that are not multi-tenant In .addition to the provisions' of Paragraph 6.2.6.3., provided, however, that in addition to those signs allowed in said paragraph, a wall sign consisting only of the name and 'corporate logo of the principal occupant of a building located within eighteen hund "red feet of the centerline of an Interstate Highway may be displayed between th& top course of windows and' the parapet of such building provided that sign area not exceed fifty percent of the surface area described by ahe tops of;-such windows, the parapet, and the wall corners, that letters and 'aogo contained in or constituting such sign shall not exceed eight feet in height, that the lowest point of such sign shall not be closer than 48 feet above the ground immediately below, that such sign shall not be illuminated between the hours of 11:00 PM and sunrise, and that such sign shall be located on the building wall most directly facing said highway. 6.2.6.6. Signs in Industrial Zoning Districts: Allowed Signs: • Free-Standing • Wall • Projecting • Internally illuminated 26 40 Prohibited Signs: ® Banners as permanent signs ® A free-standing and wall sign for buildings that are not multi-tenant In addition to the provisions of Subsection 6.2.6.3. and 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. Signs in a PUD: Notwithstanding anything in this.Section 6.2 t6the contrary, signs are allowed or permitted in a PUD only in accordance with '`'Section.4.9.5.6. of these By- Laws. 6.2.6.8 Signs in Residential Districts: Allowed Signs: ® Wall ® Projecting- Externally illuminated signs i_; 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 ahYResidential 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 By-Law. In connection with any Special Permit to Construct a Planned Residential Development (PRD) granted in accordance with Section 4.10. hereof, the Community Planning and Development Commission may allow 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 Signs: In the event a business, other than a seasonal business, ceases operations for a period of time 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 27 , Jb2 . 41 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. Nonconforming Signs: 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 tirrle of damage, it shall 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 Commission ARTICLE 26 To see if the Town will vote to amend Section 4.4, Flood Plain Districts, of the Town of Reading Zoning By-Laws by:>deleting in its entirety Section 4.4, and inserting in its place the following new section which follows the model by-law suggested by the Massachusetts Department of Conservation arid. Recreation: 4.4. FLOODPLAIN OVERLAY DISTRICT 4.4.1. Statement of Purpose The purposes of the Floodplain Overlay District are to: 1) Ensure public safety h'rough reducing the threats to wife 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 floodin 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 flooding waters. 4.4.2. Boundar es-of FloodP;lain District: The Floodplain District is; established as an overlay district.. The Floodplain District includes 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 Flood Insurance Program. The map panels of the Middlesex County FIRM that are wholly or partially within the Town of Reading are panel numbers 25017C0292E, 25017C0294E, 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 28 gb30 42