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HomeMy WebLinkAbout2012-05-07 Community Planning and Development Commission MinutesTown of Reading 16 Lowell Street Reading, MA 01867 -2683 Phone: 781 -942 -6612 Fax: 781 -942 -9071 Email: jdelios @ci.reading.ma.us Community Planning and Development Commission CPDC MINUTES Meeting Dated: May 7, 2012 Location: Selectmen's Meeting Room Time: 7:30 PM Members Present: John Weston, Chair; David Tuttle, Nicholas Safina and Charlie Adams Also Present: Jean Delios, Town Planner; Jessie Wilson, Staff Planner and Recording Secretary Absent: Donna Dudley Others Present: Al Couillard — Forest Acres Subdivision Mike Rosati — Marchionda and Associates Bradley Latham - Attorney, Latham & Latham Law Offices John Kerekes, - Home Depot Consultant John Smolak — Smolak & Vaughan LLP Robert Schuler, P.E. — Cumberland Farms Bob Gargano, Little Harbor Construction Corp. Paul Terzis — Oaktree Development There being a quorum the Chair called the meeting to order at 7:35 PM. Subdivision Plan Endorsement — Forest Acres (97 -101 Forest Street) Ms. Wilson indicated that the Applicant is seeking endorsement of the Forest Acres subdivision plan which was previously approved by the CPDC. The Applicant has provided a draft covenant (Form H) and a copy of the final approved conveyance of utilities which have been approved by the Town Engineer. Form H will be signed by the CPDC upon finalization of the form. Mr. Tuttle moved the CPDC to endorse the Forest Acres plan as presented. Mr. Safina seconded and the motion carried 4 -0 -0. Mr. Couillard mentioned he anticipates closing on the property in a few weeks and to begin construction 4 -5 weeks thereafter. ANR Plan, Reading Woods —1 Jacob Way Mr. Weston opened the discussion for the ANR Plan of Reading Woods located at 1 Jacob Way. He asked for a summary from Mr. Rosati who is representing Marchionda and Associates, the engineering firm who prepared the ANR Plan. Page 1 of 8 CPDC Minutes of 5/7/2012 Mr. Rosati indicated the plan proposes to divide the parcel into two lots. Lot Y coincides with sub district d, which is one of the four sub districts within the development. Lot X is the second lot which is the remaining portion of the property and is also partially within the smart growth district. The plan does provide the required frontage for both lots along Jacob Way. Mr. Tuttle moved the CPDC to endorse the ANR Plan for Reading Woods located at 1 Jacob Way in Reading MA. Mr. Adams seconded and the motion carried 4 -0 -0. Home Depot — Preliminary Discussion Mr. Weston opened the discussion for changes to the Home Depot Site Plan Ms. Delios indicated that Home Depot had approached the Town a few months ago with ideas for future site planning. However, Ms. Delios indicated there are some concerns regarding the existing operations of Home Depot specifically related to their approved open storage plan. She mentioned that there is an on -going issue of compliance with the approved open storage plan and enforcement actions have been initiated by the Building Inspector. The primary issue relates to their garden center product being stored in non - approved areas and carts encroaching within the fire lane. The sheds, which have been there for quite some time, are also being stored without approval. Home Depot is now exploring a plan that will expand the operation to include the addition of Penske truck rental, the addition of seasonal open storage in the parking lot, and modifications to their existing open storage permit to allow for the shed displays which are currently being stored in the parking lot. The Applicant also desires to expand the storage areas in the rear of the property to accommodate the amount of product they expect to have on -site. Ms. Delios noted that Town Counsel provided an opinion regarding the proposed Penske truck rental operation. Town Counsel determined that the addition of the Penske truck rental is beyond what is allowed within the PUD- I zoning district and is more in -line with automotive uses and not retail sales. However, Ms. Delios reminded the Board that the CPDC has the jurisdiction to interpret the PUD -I zoning by -law. As such, the Applicant is seeking a determination from the CPDC as to whether the expansion of the Home Depot operation to allow for Penske truck rental is an allowed -use within the PUD -I zoning district. Mr. Latham, representing Home Depot, provided a summary of the proposed changes to the site plan also noting that the PUD -I by -law gives the CPDC authority to interpret the PUD -I by -law. The staging of Penske trucks is proposed within the parking lot. The transaction for the rental of the trucks will occur within Home Depot, specifically at the Tool Rental Center. He also noted that the PUD -I allowed uses include retail and are not limited to retail sales. Mr. Latham stated the Applicant is first requesting a determination for use of the Penske truck rental as a retail use and then the second action would be to seek relief from the Town to permit the continuance of the open storage for the shed display. When the plan was originally approved, it did not account for the cart corrals within the parking lot. The addition of the cart corrals also need to be taken into consideration as they take up additional parking spaces. And as mentioned by the Town Planner, the Applicant is also seeking additional areas for approved open storage which includes an area within the parking lot for seasonal open storage and some areas within the rear of the property for full time open storage use. With regards to parking, Mr. Latham noted that 469 spaces are required under the zoning and 481 are provided. If the plan moves forward as presented to the Board, the number of spaces would be reduced to 380. The Applicant would therefore be required to seek a variance from the Zoning Board of Appeals. Mr. Latham indicated that a parking study, Page 2 of 8 CPDC Minutes of 5/7/2012 prepared by VHB will be presented during the Special Permit process which will verify that the site only uses approximately 63% of the usable spaces. Mr. Safina asked if the existing Home Depot trucks are only rented to Home Depot customers. Mr. John Kerekes, also representing Home Depot, indicated that anyone could use the trucks and that the average rental time is 1.7 days. This indicates that many people take the truck and keep it overnight. Mr. Kerekes also noted that all the transactions are completed through the tool rental center and will even receive a Home Depot receipt. He added that Penske will be supplying the trucks and by adding these trucks to the Home Depot operation it would provide more options to customers. Mr. Tuttle asked how the trucks will be refueled and cleaned. Mr. Kerekes responded that the trucks will be refueled prior to being returned to Home Depot and if they need to be cleaned, Home Depot employees would use a shop vacuum. Mr. Kerekes continued, stating that there would be a maintenance fee associated with any cleaning. Mr. Weston expressed concern that the cleaning of the trucks would happen near the tool rental center. Mr. Latham replied that it would be a similar operation as how the existing trucks are being handled. Mr. Adams asked how many trucks will be on -site. Mr. Kerekes replied that 12 spaces would be provided but they do not anticipate that many trucks. It would likely be around 6 trucks, but they are requesting 12 spaces to ensure space for extra drop -offs. These extra drop -offs would be picked up by Penske and taken off -site. Mr. Safina asked if the Home Depot truck rentals were included in the original site plan decision. Mr. Latham responded that nothing was called out in that decision, but it was always within Home Depot's vision to include these rental uses. Mr. Safina responded that is appears to be a continuation of their current operation. Mr. Tuttle agreed. Mr. Weston noted there may be issues when snow plowing operations occur. Mr. Latham responded that is why they are proposing the operation on the periphery and will maintain a large area for parking. Mr. Weston also was concerned that the 12 spaces would allow space for 12 trucks. With only 6 trucks, he agrees the Penske rental appears to be an accessory use, but 12 trucks could present a whole separate operation. Ms. Delios expressed concern with enforcement and the Town cannot have any additional enforcement issues at this site. Mr. Latham stated that Home Depot is aware of the issues and he will ensure proof during the Public Hearing process that there will be a way to ensure compliance. The Applicant is also willing to place a bond to ensure the approved open storage areas are painted as required. The Board discusses the PUD -I by -laws. Mr. Tuttle moved the CPDC determine that a limited expansion of the commercial vehicle rental operation as an accessory use to the retail operation is permitted within the PUD -I zoning district. Mr. Safina Seconded. Mr. Weston noted that motion would approve the truck rental as an accessory use, but that a special permit for open storage would be required. Ms. Delios also noted that the ZBA will need to grant a variance for not meeting the parking requirements. Mr. Tuttle amended the motion. Page 3of8 CPDC Minutes of 5/7/2012 Mr. Tuttle moved the CPDC determine that the accessory use of vehicle truck rental is not prohibited in the PUD -I. Mr. Safina seconded and the motion carried 4 -0 -0. Public Meeting — Minor Site Plan Review, Cumberland Farms located at 303 Salem Street Mr. Adams read the meeting notice. Ms. Delios provided a background of the project. Cumberland Farms is a convenience store and gas station located at 303 Salem Street. The applicant is proposing to expand into an adjacent retail space and complete some alterations to the floor plan. The new floor plan will have an impact on the storefront windows. In order to maintain as much of the storefront windows as possible, the Applicant is proposing a reflective 3m window film on one section of storefront where the coffee bar equipment will be relocated. This film will aid in blocking the equipment and still allow for the windows. The Applicant has proposed some new signage. Town Counsel was requested to provide an opinion as to how the canopy sign should be classified. Town Counsel opined that the canopy signage is not considered a wall sign and it would require a variance. Mr. John Smolak the attorney representing Cumberland Farms provided a summary of the proposed project. He stated that last year the property received a waiver from Site Plan Review for minor fagade improvements. Now as part of the re- branding and re- imaging, Cumberland Farms is looking to update this store and complete some interior and exterior renovations. The site is 3/4 acres in size and located within the Business B zoning district. The project proposes to expand into the adjacent tenant space and to a complete an entire interior renovation. The exterior improvements are primarily maintenance items such as repairing and replacing bollards, repairing the existing stockade fence and sidewalk improvements along the building. The project also includes the removal of a payphone and concrete island. The plans before the Board represent the outcome of the DRT meeting. Mr. Rob Schuler, the Manger of Construction at Cumberland Farms also provided some details about the project. He indicated that the existing storefronts will be replaced with a new white aluminum frames, new doors, and new glass. The gable will remain and the existing wall sign will be removed and replaced with a new wall sign with the new colors and logo. The planter will be removed and the Redbox will be moved to not block the window. As Ms. Delios indicated, 3M reflective film will be placed on one set of storefront window to help block the view of the coffee bar. The left side /east elevation of the building will be slightly modified and a new door will be installed. Both the east and south elevations will be painted white. In addition, the south elevation will be modified such that the existing door will be filled -in and the railing protecting the rooftop mechanicals will be replaced with a new vinyl system. Mr. Tuttle questioned the areas painted for the fire lane and whether that would be problematic with the new location of the rear door. Ms. Schuler indicated that those lines are not for the fire lane, but to ensure those areas remain clear from parking. Ms. Delios also noted that the fire department will review the plans and comment during the building permit application process. Mr. Tuttle noted that all the gas stations in town have a free - standing sign to display the pricing. Mr. Weston read the definition of a free - standing sign, noting that signage affixed to the canopy is considered a free - standing. This was not noted by Town Counsel. Page 4 of 8 CPDC Minutes of 5/7/2012 Mr. Safina asked what the proposed height is of the coffee bar. Mr. Schuler replied that it would be about 3.5 feet to the serving counter and the machines would be 5 -6 feet tall. The bar includes earns, display racks, sinks and other various items. Mr. Safina was unsure why it was located in front of the window when it appeared there was plenty of solid wall space. Mr. Schuler responded that the location of the coffee bar is related to the services that are lumped together and this was the best location for this service. Mr. Weston was surprised that Cumberland Farms would cover the window from a safety standpoint. Mr. Delios noted that the Police Chief did not have any concerns with the placement of the film and was ok with the proposal. Mr. Adams questioned if the fence is to be replaced or repaired. Mr. Schuler replied that due to a possible expansion into the adjacent property, the replacement of the fence did not seem practicable at this point and it will be repaired as part of this project. If the expansion moves forward, the fence will be replaced at that point. Ms. Wilson noted that the Conservation Administrator indicated an RDA would be required for the replacement of the entire fence. Mr. Schuler asked if it would still be required now moving forward with only repairs. Ms. Wilson noted she would coordinate with the Conservation Administrator with regards to this requirement. Mr. Tuttle asked if they had an open storage permit for the ice box, Redbox and firewood. Mr. Schuler replied that he was unsure if they do. Ms. Delios did not believe that they did. Mr. Weston responded that this brings up the issue as to what constitutes open storage, noting that the Sunoco in downtown stores items outside. Ms. Delios read the definition of open storage which is the storing of retail goods outside a structure. In response to that, Mr. Weston stated that this would include the icebox and Redbox for this location. Mr. Tuttle responded that those items are more of accessory uses and that the Town has not been diligent in enforcing that issue. Mr. Weston agreed and also stated that the definition needs to be more clear as to what is classified as open storage. Mr. Adams questioned if anything else could be done about the coffee bar equipment. Mr. Schuler replied that they looked at several alternatives, and this was the most preferred. No questions from the public were received. The Board reviewed the draft approval. Mr. Weston asked about the re- imaging of the pumps. Mr. Schuler responded that the existing logos on the pumps will be removed and new graphic will be added. In regards to open storage, Mr. Weston recommended the Board not address the issue as part of this meeting and suggested it be taken up at Town Meeting. Mr. Tuttle moved the CPDC approve the decision for Minor Site Plan Review for the project at 295 -307 Salem Street, Cumberland Farms as amended. Mr. Adams seconded at the motion carried 4 -0 -0. Minor Modification, Johnson Woods, Phase II Mr. Bob Gargano, with Little Harbor Construction, representing the Johnson Woods, Phase II project provided a summary of the proposed changes. He stated that the pre- construction site walk was held Page 5 of 8 CPDC Minutes of 5/7/2012 about 2 weeks ago and it became apparent that a solid architectural fence should be installed along the Woburn line to provide additional screening while the site is under construction. This would be a better alternative then the approved chain link fence as it would provide more screening and be more aesthetically appealing. Mr. Weston asked how the vegetation will be retained. Mr. Gargano replied that the fence can be modified so that vegetation can be avoided or it can be staggered around the vegetation. No substantial vegetation will be removed. It was clarified by Mr. Gargano that the fence would end at the roadway where the proposed gate is to be located. Mr. Tuttle moved the CPDC determine that the proposed changes constitute a Minor Modification. Mr. Safina seconded and the motion carried 4 -0 -0. Mr. Gargano also noted that the property owner will be requesting revised language regarding the MassHousing requirements. Ms. Delios replied that these documents should be in place prior to the issuance of the building permit. However, she agreed that boilerplate deed restriction language should be provided so that progress is shown to reach the affordable housing requirements. Mr. Tuttle moved the CPDC approve the Minor Modification as presented. Mr. Safina seconded and the motion carried 4 -0 -0. Minor Modification, Oaktree Development — 30 Haven Street Mr. Paul Terzis, representing Oaktree Development provided an update on the project. He indicated that the project is about 2 or 3 three months away from completion. In addition, to accommodate future possible tenants, the first floor plan has been altered. The plan dated March 28, 2011 was the last plan presented to the CPDC which shows two trash areas and common bathrooms for the retail tenants. Since then, they have made additional changes to the trash areas to include rolling carts for trash collection rather then dumpsters. Mr. Terzis stated this is more conducive for the proposed operations. Other changes include the reduction of tenant space number 2. This particular tenant did not require all the space, so they decided to reduce the size of the space and designate a new area for bike parking and another area for additional residential storage. They also relocated the garage vent from the front corner of the building to the rear of the building. Mr. Adams questioned the new bathroom configuration. Mr. Terzis replied that the large restaurant and medical office space will each have their own restrooms. However, the smaller tenant spaces, such as a beer and wine store would use these facilities. He further noted that they are in discussion with several tenants, but nothing is definitive and that they would require future tenants install bathroom facilities if needed. Mr. Adams asked if the retailers can deny the use of the bathrooms for customer use. Mr. Terzis replied no. Oaktree will maintain the bathroom and any other common facilities. Mr. Weston expressed concern with the trash and whether the rolling carts would support a large restaurant tenant. Mr. Terzis replied that trash pick -up can be adjusted to as often as needed. Ms. Delios reminded the Applicant that Board of Health regulates trash. The Health Director had the same concerns and that the Board of Health will work with the DPW as to how trash will be removed. Trash from the residential side will be picked up from the Town's contractor which will need to be coordinated with Oaktree's private trash contractor. Mr. Terzis said they would likely have pickup on Mondays and Page 6 of 8 CPDC Minutes of 5/7/2012 stagger Wednesday and Friday. Three days a week should be sufficient, but it can always be adjusted. Mr. Safina suggested that an area for bulk items may be needed, especially in times of high turn -over such as the end /beginning of the month. Mr. Terzis mentioned another item that is not related to the Minor Modification request. He noted that the rooftop mechanical units cannot be seen from the ground and would like to consider not installing the screening. Mr. Safina reminded him that the screening is not only visual, but for acoustic control as well. Mr. Terzis would like to do a mock -up this weekend to see if they can be seen. Mr. Weston was concerned with the grade change on Woburn, that those residents may still be able to see it. Mr. Safina also noted that if the screening is not installed, residents may complain that it is a nuisance. An acoustic survey will be costly and he recommends they just install the screening as required. Ms. Delios confirmed that the site plan decision referenced the screening for both the visual and acoustical aspect. Mr. Tuttle moved the CPDC determine that the proposed changes on the plan dated June 22, 2011 are minor modifications. Mr. Safina seconded and the motion carried 4 -0 -0. Mr. Tuttle moved the CPDC approve the Minor Modification approval for 30 Haven Street, Oaktree Development as presented. Mr. Safina seconded and the motion carried 4 -0 -0. Mr. Terzis noted that the rental rates should be published soon. Many interested parties have called requesting this information. They hope to return those calls and provide the rates by the end of the month. Mr. Terzis also mentioned that the DRT notes for Zinga may have an error in that they indicate Zinga may not obtain a building permit until construction at 30 Haven Street is complete. This should be revised. Approval of April 2, 2012 CPDC Minutes Mr. Weston tabled this item to the next meeting. Town Planner Updates Mr. Weston reviewed the memo from the Town Manager in regards to the pedestrian crossing on South Main Street. Mr. Weston suggested that they collect some data and then put it on the agenda to discuss in detail. Mr. Tuttle suggested reviewing the files and data from when the schools were redistricted. Mr. Weston also suggested reviewing the police reports for accidents. Mr. Tuttle asked about the potted plants on the stone wall at Calaresos, noting this is a safety issue and not called out on the plan. Ms. Delios also noted that they will be coming back to the Board with a request for modifications to not install a piece of fencing that was shown on the plan. Ms. Delios mentioned that Northeast Cutlery will also be before the Board with a modification as they do not want to complete the fagade treatment as shown on the approved plan. Housing Plan — Ms. Delios stated the Housing Plan is underway and that Bob Mitchell will be aiding in that effort. Page 7of8 CPDC Minutes of 5/7/2012 Adjournment On a motion by Mr. Tuttle, seconded by Mr. Adams, the CPDC voted to adjourn at 11:10 PM by a vote of 4 -0 -0. Respectfully Submitted, Jessie Wilson Recording Secretary Page 8 of 8