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HomeMy WebLinkAbout2012-03-27 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING MARCH 27, 2012 Goldv, Tafova, Sehuber Arena, Bonazoli Hechenbleikner la) Move to go into Executive Session to discuss strategy with respect to collective bargaining - Police Superior Officers I.B.P.O, and Health Insurance - and that the Chair declare that an open meeting may have a detrimental effect on the bargaining position of the body, and to reconvene in Open Session at approximately 7:30 PM. 2c) Move that the Board of Selectmen approve the Collective Bargaining Agreement between the Town of Reading and the Police Superior Officer's Association I.B.P.O. for a term expiring 6-30-14 in substantially the form submitted, and authorize the Town Manager to sign the contract on the Town's behalf. 5) Move that the Board of Selectmen accept the report of the Volunteer Appointment Subcommittee and confirm the following appointments to the following Boards, Committees and Commissions: • Donna Dudley for one position on the Community Planning and Development Commission with a term expiring June 30,2012; • Tony Capobianco for one Associate position on the Advisory Committee for the Cities for Climate Protection Program with a term expiring June 30, 2012; • Ron Taupier for one position on the Advisory Committee for the Cities for Climate Protection Program with a term expiring June 30, 2013; • Lisa Egan, Leslie McGonagle, Valerie Sachetta and Jeff Jadul (FoRR representative) for positions on the ad hoc Sturges Park Planning Committee with terms expiring December 31, 2012; • Terence Selle for one position on the Town Forest Committee with a term expiring June 30, 2014; • Kendal Stackhouse to one position on the Town Forest Committee with a term expiring June 30, 2012; • Terence Selle for one position on the Trails Committee with a term expiring June 30,2013; 0 • Will Finch for one position on the Trails Committee with a term expiring June 30, 2014; • Jacalyn Wallace for one position on the Cultural Council with a term expiring June 30, 2014 6a) Move that the Board of Selectmen close the hearing to amend Section 5.1 of the Board of Selectmen's Policies. Move that the Board of Selectmen approve the amendments to Section 5.1 of the Board of Selectmen's Policies - Community Service Revolving Fund as presented. 6c) Move that the Board of Selectmen approve the proposed Affordable Housing Trust Fund Allocation Plan as presented in the Town Manager's memo dated March 22, 2012 (as amended) 7a) Move that the Board of Selectmen approve the minutes of February 28, 2012 as amended. Move that the Board of Selectmen adjourn the meeting at p.m. TOWN MANAGER'S REPORT Tuesday, March 27, 2012 Administrative matters ♦ Recreation Program Coordinator Jim Sullivan is leaving to head up the Recreation program in Marblehead. ♦ Appraiser Bill Boatwright is leaving to join a private sector firm in New Hampshire. ♦ The deadline for licensing dogs without penalty is March 31. The rabies clinic is 3- 31 at the DPW garage from 2 PM to 4 PM -see the web site for more details. ♦ RCTV Studios invited you to Annual Meeting 2012 Sun, Apr 1, 2012 at 3:00 PM Communitv Services ♦ The Reading Economic Development Committee (EDC) has established the Building Fagade and Signage Improvement Program (BFSI) which will offer technical and financial assistance for property owners and tenants seeking to improve their building fagade, signage and exterior lighting. To be eligible for the program, commercial buildings must be located within the downtown area or surrounding target location. The open application process will begin that evening and continue to April 30, 2012. The program will be presented to the public on March 21, 2012 at 7:00 PM at the Community Room located at the Reading Police Station. ♦ Affordable housing available - 30 Haven Street. Attached is a clarification on the parking for affordable units. ♦ Keurig ♦ CTG Wellness Grant ♦ The Board of Selectmen has received a letter from the Northeast Dance Studio, and a detailed report from Community Services Director Jean Delios with attachments is included in your packet. ♦ Reading Elder/Human Services is having their Volunteer Appreciation event on April 19 at Parker Middle School Finance Final FY 2013 budget hearing with the Finance Committee will be on March 28 ♦ Meals Tax - Dec. 2011 to Feb 2012 $80,014.30 to be received on 03/30/12 Library ♦ April 8 is National Library Week. There will be programs about Financial Literacy - called "Money Smart" ♦ You have received tonight a summary annual report for the Library. The more detailed Town-wide report is being compiled and will be available by the end of April. 3/27/2012 1 0 TOWN MANAGER'S REPORT Tuesday, March 27, 2012 Public Works Safe Routes to School project. Excavation for the sidewalk areas was completed last week along with the installation of a manhole and catch basin on Sunnyside. Curb installation began yesterday. By the end of yesterday, most of the curb along Sunnyside was installed. At the pace they are going, all of the curb is expected to be installed by the end of this week. Also by the end of the week, all of the sidewalks/driveways are expected to be ready for concrete/asphalt. ♦ Micro-Seal in the spring - portions of: Washington Street, Hopkins Street, Charles Street. Need constant temperatures mid 50's and up. Most likely will be installing in mid May. We informed them that we wanted all prep work remaining completed be end of April. ♦ Haverhill St. Water Main: Completing in the spring, Road overlay summer 2013. ♦ The Trails Committee is looking for adult and teen volunteers to assist in building the Kurchian Woods trail. They got a grant for materials and now need volunteers to actually assist in building. ♦ Contractor is planning to start in April (exact date not known as of today) first roadways to be done are the reclamation roadways Pearl Street and Belmont Street. Once those are bindered they will move on to Wilson Street, Track Road and California Road. ♦ Reading is completely up to date on expenditure of available sewer grant/loan opportunities for inflow/infiltration. 3/27/2012 2 9 Po6kic Stephen Goldy Chairman, Board of Selectman 2012 HAR 22 AI 1E: 414 Town Hall 16 Lowell Street Reading, Ma. 01867 Dear Mr. Goldy: am writing to you to express how disappointing and frustrating our experience has been in attempting to open a ballet school in the Town of Reading. The Northeast Youth Ballet, with the official training school the Northeast School of Ballet, is a non-profit entity which has been in continuous operation in Melrose for over 40 years, training children in the discipline of classical ballet. Due to a series of unfortunate events, it became necessary to relocate the school. It has been renting a temporary a space in Melrose, waiting to relocate to Reading. To that end, we purchased the property at 32 Lowell Street (Christian Science Church), September, 2011. This premises is registered as a historic building with the Massachusetts Historical Society, and possesses numerous use restrictions The Massachusetts Historical Society has approved the use of this premises for a classical ballet school. Our goal to open this non-profit, educational business to benefit the residents of the Town of Reading has been unreasonably thwarted, and we are left with no choice but to sell the property and close this business. The unjustifiable actions of the building inspector, Glenn Redmond and certain members of the Zoning Board of Appeals (ZBA), in particular Kristin Cataldo and John Jarema, have served to defeat our attempt to open this business The actions of these town representatives are both unreasonable and irresponsible, and we believe without legal justification. At the outset, we agreed to all of the wishes of the Town Planner and building inspector, who mandated that we obtain a traffic engineering study regarding traffic flow, and parking. We complied despite knowing that we were protected by the Dover Amendment as a non-profit educational use, and therefore exempt from zoning requirements governing this property. It was later brought to our attention by the Community Planning and Development Commission (CPDC) and certain members of the ZBA that the presence of the parking lot adjacent to Town Hall should satisfy the parking requirements of the Town, as it constitutes a "public off-street parking facility". 8 a bb Althouqh we had never reauested. nor intended. for the clients of Northeast Youth Ballet to utilize this adiacent municipal lot, the recognition by the CPDC and ZBA of its presence should have allayed the concerns of the building inspector. Unfortunately, it did not, and the Town Manager sent a memorandum to the ZBA to influence them with regard to their interpretation of the "public off-street parking facility", suggesting from his perspective the lot is not to be deemed municipal. Yet, there is nothing contained in the by-laws or regulations of the Town of Reading which characterizes this parking lot as belonging to Town Hall employees and visitors only, and such interpretation we believe is legally improper and inaccurate. To avoid any reliance on this parking area and to appease the Town Manager and others, we expended thousands of dollars for a site plan and traffic engineering study. The traffic study compared the parking needs at the current location and the traffic flow/parking needs in Reading. This study, costing $7000, determined that the operation of this non-profit business is 90% drop-off/pick-up, necessitating at most, on its busiest day, 7 parking spaces for less than a half hour. The 32 Lowell Street property is surrounded by on street parking located on Sanborn, a one way street conducive to the drop-off/pick-up operations. There are over 25 spaces on Sanborn. There is also parking on Lowell Street in front of the building. The traffic study also determined that the safest use of the narrow driveway on the site, with several potential blind spots for travelers and children, would be to limit access to the lot to employees only, thus channeling the children away from this driveway as part of its drop-off/pick-up protocol. The opinions of this traffic expert and the presentations of our counsel and the traffic consultant have been ignored completely, or from our perspective given no consideration. It must be pointed out that on March 12, 2012, the CPDC voted and determined that the determination of the building inspector was erroneous, and our Appeal should be granted. This position was conveyed to the ZBA prior to the March 15, 2012 hearing. Instead of adopting the recommendations of the CPDC, the ZBA upheld the building inspector's unsubstantiated position, and ordered that a parking lot as characterized by Mr. Redmond should be installed. We are faced now with the unreasonable and daunting task of constructing a parking area on this property which we will not use because of safety reasons. This requirement has been imposed by John Jarema and Kristin Cataldo of the Zoning Board of Appeals and the building inspector, Glenn Redmond. s ~bZ It has become apparent from our attendance at a DRT team meeting, and two ZBA hearings, that the town representatives, including Mr. Redmond, did not review or give meaningful consideration to multiple reports and a presentation by our traffic engineer, Jason Plourde. The ZBA has offered no comparable study to substantiate the requirement for parking it has now imposed. There has been no traffic study prepared or authorized to support the ZBA concerns about congestion. There has been no safety consultant engaged to raises issues about the operations of the ballet school relative to its drop- off/pick-up procedures. Both Mr. Jarema and Ms Cataldo made reference to safetv concerns without anv hard data, nor suoportina documentation. Moreover, Mr. Redmund has determined that the Dover Amendment is inapplicable to this non-profit, educational use, yet there has not been any legal opinion or memorandum presented at the CPDC hearing, or the two Zoning Board hearings, consistent with his untenable interpretation. It has been repeatedly mentioned and even acknowledged by other members of the Zoning Board that there are no town ordinances or by-laws applicable to a non-profit educational use; yet, arbitrarily, the building inspector has imposed his own whimsical interpretation of the existing bylaws to mandate a parking requirement again without legal support. Clearly, the errors of his analysis and interpretation of the town ordinances and bylaws were recognized by the CPCD, prompting their recommendation to the Zoning Board. Despite this opinion, Kristin Cataldo and John Jarema insisted on the parking requirements without any factual support or documentation to back it up. From the perspective of the benefits to the Town of Reading, the operation of this business would provide tax revenues not previously collected; an increase in business activity in and around the downtown area as 150 families, mostly from outside of Reading, will be taking advantage of the restaurants, cafes, grocery stores and other retail establishments while their children are in class; and lastly, an artistic endeavor adding culture and diversity to your community. The reputation of this cultural organization is well known, and highly regarded, not only for its curriculum but for the innumerable outreach programs, collaborations with other arts organizations, and charitable endeavors bringing its ballet education to those less fortunate. The imposition of this unreasonable requirement to install parking is too costly to undertake for a small, non-profit ballet school. It is fiscally impossible to accomplish this, after we have expended in excess of $25,000 just to get to the Zoning Board stage. 10 Zb3 D-7 We will have no choice but to sell this property if required to install a parking lot, as described by Mr. Redmond, most probably to a church organization, exempt for property taxes and parking. Our counsel, Brad Latham, has afforded the ZBA three options to permit us to use this property : one, the ZBA could overturn the ruling of the building inspector and approving the petitioner's appeal, as proposed by the CPDC, and authorized by the provisions of the Dover amendment; two, the ZBA could exempt the use from parking due to the presence of a municipal parking lot adjacent thereto and in compliance with the prevailing zoning by-laws; or three, it could grant a variance which exempts the use from any parking requirements, or, in the alternative, stay the imposition of parking requirements until the business is in operation later evaluating its impact on traffic flow and congestion, at some future date, preferably in 12 months. It is our hope in reaching out to the Board of Selectmen that it convince the ZBA to adopt one of the options listed above benefitting the residents of Reading, the local businesses, and the community as a whole. We would welcome and appreciate anything that you could do on behalf of this project. Very Truly Yours, Ralph N. Cecere 11 Z b`~ OFRFgOI~ Town of Reading 16 Lowell Street Reading, MA 01867-2683 MEMORANDUM To: From Date: Re: Peter I. Hechenbleikner, Town Manager JEAN DELIOS Community Services Director/ Town Planner Phone: (781) 942-6612 Fax: (781) 942-9071 j delios@ci. reading. ma. us Jean Delios, Community Services Director/Town Planner March 26, 2012 32 Lowell Street - Northeast Ballet Studio Per your request, the following summarizes the process and addresses issues raised in the March 22, 2012 letter from Ralph Cecere, of the Northeast Ballet Studio, a proposed dance school at 32 Lowell Street. Staff Interaction - 2 phone calls. 2 office visits. and 2 meetings Last September I received 2 phone calls and, 2 office visits from Attorney Brian McGrail who was representing the applicant at that time. At the applicant's request a meeting was held on September 20, 2011 with the applicant, Attorney McGrail, the applicant's architect, Glen Redmond, and me to assist them with zoning and other permitting requirements. The Mass. Gen. Laws c. 40A, §3 "Dover Amendment" was discussed and the building inspector expressed concerns about parking at these initial inquiries. The attached legal opinions dated October 22, 2007 and April 11, 2008 were given to Attorney McGrail at the first office visit in September to assist with the "Dover Amendment". Throughout these phone calls, office visits, and meetings a range of issues were discussed, however, the 2 major issues we identified that they would have to resolve were: Use - given that the property is located in a residential district the only way they could be permitted for a dance studio was if they could meet the criteria under Mass. Gen. Laws c. 40A, §3 (the "Dover Amendment"). Parking - the building inspector questioned how the applicant planned to meet the parking requirements under ZBL Section 6.2. An analysis of drop off/pick up, traffic flow, and parking needs was suggested as a way to measure anticipated impacts of the school at this site. Town Counsel was consulted to verify that Northeast Ballet Studio would qualify under Mass. Gen. Laws c. 40A, §3, the "Dover Amendment," which allows cities and towns to impose reasonable dimensional regulations (including parking) on D otherwise exempt religious and educational uses. Town Counsel verified that (Limited) Site plan review is in the nature of a dimensional requirement and that parking is one of the areas of "reasonable regulation" under Mass. Gen. Laws c. 40A, §3. The attached e-mail from Town Counsel states that "As a new use in a building, with no on-site parking that a dimensional variance from the parking requirement" was advisable. Chanaed Attornevs Then on November 9, 2011 at his request, I met with Attorney Brad Latham to discuss the Northeast Ballet Studio's plans to open a school at 32 Lowell Street. Attorney Latham advised at that time that the applicant switched attorneys and now he was representing them. DRT (Development Review Team) - see attached DRT Notes The applicant submitted plans in early January which we redistributed to DRT members and a DRT was held on January 25, 2012. Again at the DRT the Dover Amendment and Parking requirements were part of the discussion. CPDC - see attached SPR Decision A Limited Site Plan Review (SPR) application was heard by CPDC on February 27, 2012. The application was reviewed and a draft decision provided with some minor changes so that the review was completed in one meeting. A final decision was filed and provided to the applicant a few days later. ZBA The applicant filed with the ZBA for zoning relief. The application was for: • A Variance from Section 6.1 (parking) - see attached plan and variance criteria; • An Appeal from the Decision/Order of the Building Inspector (see attached letter of denial from the Building Inspector), • An exemption from parking under 6.1.1.1 if located within 300 feet of a public off street parking lot provided the use is retail, office, or consumer services (see attached letter from the Town Manager excluding the Town Hall parking lot from this definition). The ZBA heard the application on March 1, 2012. The ZBA continued the hearing until March 15, 2012 at which time they upheld the Building Inspector's decision and approved the applicant's request for a parking variance for 4 parking spaces consistent with the plan the applicant developed. Prior to the ZBA's meeting on March 15, 2012 the CPDC voted on March 12, 2012 to recommend to the ZBA that they overturn the Building Inspector's decision regarding parking and expressed caution over granting a variance. An email dated March 15, 2012 from the CPDC chair (attached) was provided to the ZBA before the meeting expressing the CPDC's position. 2 `O 6 GARY S. BRACKETT JUDITH A. PICKETT JAMES T. MASTERALEXIS STEVEN C. FLETCHER* ELLEN CALLAHAN DOUCETTE DONNA GORSHEL COHEN HEATHER W. KINGS13URY JASON D. GROSSFIELD *Also Admitted in ME and CO VIA ELECTRONIC AND FIRST CLASS MAIL BRACKETT & LucAs COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508-799-9739 Far 508-799-9799 October 22, 2007 Ms. Carol Kowalski Community Services Director/Town Planner Town Hall 16 Lowell Street Reading MA 01867 OF COUNSEL ELAINE M. LUCAS WINCHESTER. OFFICE 165 WASHINGTON STREET WINCHESTER, MASSACHUSETTS 01890 781-729-1500 Fax781-729-5444 E-Mail: ECDoucette@BrackettLucas.com RESPOND TO WINCHESTER OFFICE Re: Application of M.G.L. Chapter 40A, §3 - Educational Use Church Property located at 25 Woburn Street/32 Lowell Street, Reading, MA Dear Carol: .t. I am in receipt of your email inquiry regarding Creative Arts for Kids ("Creative Arts"), the Congregational Church and the Christian Science Church and the possibility that those entities may be collaborating on a land/building swap or some other land use proposal which may result in the demolition and reconstruction or rehabilitation of all or a portion of one of the church structures located at 25 Woburn Street and 32 Lowell Street in Reading (the "site"). Because issues concerning application of M.G.L. Chapter 40A, §3 arise periodically and in a variety of situations, I thought it appropriate to respond to this particular request by providing a formal legal opinion regarding those issues that most commonly arise in regard to non-profit educational-uses and c.40A, §3. 1., M.G.L. Chapter 40A, &3 In pertinent part, c.40A, §3, commonly known as the "Dover Amendment", provides that zoning bylaws may not "regulate or restrict the use of land or structures for educational purposes on land owned or leased by a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable I! regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements." A city or town is authorized to apply such regulations as long as the application does not have the effect of impeding the reasonable use of the land for educational purposes. See The Bible Speaks v. Board of Appeals of Lenox, 8 Mass.App.Ct. 19, 33-34 (1979). Section 3 also provides that no zoning bylaw "shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility." As in the case of educational or religious uses, the town may subject such use to the aforementioned "reasonable regulations". Therefore, with respect to the use or re-use of the site however that may be accomplished, Creative Arts is not entirely exempt from the provisions of the zoning bylaw, but will be subject to "reasonable" regulations as stated above, which may be and often are administered via site plan review. 2. Creative Arts' Status as a Nonprofit Educational Corporation As to nonprofit educational corporations, the Supreme Judicial Court has held that "nothing in G.L. c.40A, §3 requires that education be the dominant purpose or primary activity of a nonprofit corporation in order that it may qualify as a nonprofit educational corporation under §3... The proper test in deciding whether a nonprofit corporation is an educational one is whether its articles of organization permit it to engage in educational activities." Gardner-Athol Area Mental Health Association, Inc. v. Zoning Board of Appeals of Gardner, 401 Mass. 12, 13 (1987). Several decisions from both the Supreme Judicial and Appeals Court on this discrete issue indicate that the term "educational use" is to be interpreted broadly when inquiring as to whether or not the facility "is operated primarily for an educational purpose." Whitinsville Retirement Societv v. Town of Northbridge, 394 Mass. 757, 760 (1985). The breadth of this interpretation has been applied to hold that even nontraditional educational facilities are entitled to the §3 exemption. E.g., Lasell College v. Citv of Newton, Misc. Case No. 158253 (Land Ct. 1993) ("residential community for the elderly with a curriculum designed to develop and train the powers and capabilities of its residents for further activities and usefulness in life"); Conuelaation of the Sisters of St. Joseph of Boston & Bethanv School. Inc. v. Town of FraminR-ham, Misc. Case No. 194216 (Land Ct. 1994) (a residential facility with educational programs for homeless families, single mothers, persons with AIDS, and other physical disabilities, and persons recovering from addictive habits). Considering the breadth applicable to the definition of "educational use" and in accordance with the above referenced Gardner-Athol decision, it is likely that Creative Arts is indeed a nonprofit educational corporation within the meaning of c.40A, §3. However, it is strongly advised that Creative Arts produce its Articles of Organization; corporate By-Laws; IRS 501(c)(3) determination; Form PC filed with the Attorney General's Office of Public Charities; or its most recent Federal Return of Organization Exempt from Income Tax so that you can verify such status. If you have any further questions regarding this matter, please don't hesitate to contact me. Sincerely, Ellen Callahan Doucette ECD/sjs cc: Peter I. Hechenbleikner, Town Manager (via email only) 0, BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508-799-9739 GARY S. BRACKETT Fax 508-799-9799 OF COUNSEL JUDITH A. PICKETT ELAINE M. LUCAS STEVEN C. FLETCHER* ELLEN CALLAHAN DOUCETTE WINCHESTER OFFICF. HEATHER WHITE KINGSBURY 165 WASHINGTON STREET JASON D. GROSSFIELD WINCHESTER, MASSACHUSETTS 01890 M. YVONNE GONZALEZ 781-729-1500 Fax 781-729-5444 *Also Admitted in ME and CO E-Mail: ECDoucetteoo BrackettLucas.com August 11, 2008 VIA ELECTRONIC AND FIRST CLASS MAIL Carol Kowalski Community Services Director/Town Planner Town Hall 16 Lowell Street Reading, MA 01867 Please respond to the Winchester office. Re: Site Plan Review - Child Care Facility - Lots G & H Torre Street Dear Carol: You have forwarded to my attention correspondence received from Attorney Steven Cicatelli on behalf of Robert L. Zeraschi, regarding the proposed construction of a day care facility on the property identified as Lots G & H Torre Street. According to Attorney Cicatelli's correspondence, he was informed by the Building Inspector that an application for site plan review must be submitted to the CPDC. Although Attorney Cicatelli submitted a proposed site plan for the property, he suggested that the proposed day care facility is exempt from site plan review in accordance with the provisions of M.G.L. Chapter 40A, §3. In support of his argument, Attorney Cicatelli submitted a copy of Calhoun v. ZomnR Board of Anneals of Welleslev. 64 Mass.App.Ct. 1107 (2005) (unpublished opinion). As a result of Attorney Cicatelli's correspondence, you asked me to render a legal opinion regarding the applicability of site plan review to the proposed child care facility. Section 4.3.3.1 of the Reading Zoning Bylaw ("Bylaw") provides that "[t]he following types of activities and uses require site plan review by the CPDC: a. [c]onstruction, exterior alteration or exterior expansion of, or change of use within an institutional, commercial, industrial, or multi-family structure with four or more dwelling iy units;...". ' This provision has been interpreted to require site plan review for all new institutional, commercial and industrial construction and the construction of residential structures with four or more dwelling units. Under the Reading Zoning Bylaw, site plan review serves two functions: the first, to review an as of right use to ensure compliance with the local zoning bylaw prior to the issuance of a building permit and the second, as the functional equivalent of a special permit where the CPDC also acts as the special pen-nit granting authority. In accordance with decisional law pertaining to site plan review, when reviewing a use allowed as of right, the CPDC may impose reasonable terms and conditions, but may not deny site plan approval. In fact, uses allowed as of right cannot be made subject to the issuance of a special permit. SCIT. Inc. v. Planning Bd. of Braintree, 19 Mass.App.Ct. 101, 107-108 (1984). Once a use is authorized as of right in a particular district, requiring such use to submit to discretionary review by a local zoning authority would create a logical inconsistency in violation of the Zoning Act. Id. When reviewing a use that is available as of right, a planning board may impose reasonable terms and conditions but does not have discretion to deny approval of a site plan. Ouincv v. Planmm4 Board of Tewksburv, 39 Mass.App.Ct. 17, 21 (1995). M.G.L. Chapter 40A, §3, commonly referred to as the "Dover Amendment" adds an additional layer of protection to certain as of right uses providing that: No zoning ordinance or bylaw in any city or town shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements." (emphasis supplied) In the Calhoun decision, neighbors of a proposed child care center appealed the zoning board's refusal to require site plan review before the issuance of the building permit. The lower court determined that the zoning board acted properly because the site plan review provisions of the Wellesley zoning bylaw ran afoul of c.40A, §3. Specifically, the Bylaw stated that site plan approval "shall constitute the issuance of a special permit", and included conditions for the construction of child care facilities in the residential zoning district that went well beyond the "reasonable regulations" permitted by §3. In affirming the lower court's rejection of the neighbors' argument that site plan review could be used to reasonably regulate a use protected by §3, the Appeals Court noted that Wellesley's site plan review Bylaw established extensive design criteria and "a ' As written, this provision could be argued to apply only to construction or alteration "within" such structures thereby inferring, that the structure(s) is in existence. As we discussed, the town's interpretation of this provision essentially replaces the term "within" with "to" or "of", thus rendering site plan review applicable to new construction. z I wide-ranging review" that went well beyond the scope of the reasonable regulations permitted by §3. Calhoun is but one of many cases that have evolved from the seminal case of The Bible Sneaks v. Board of Appeals of Lenox, 8 Mass.App.Ct. 19 (1979) wherein the bulk of the site plan review provisions in the Lenox zoning bylaw were declared invalid as applied to a proposed educational use, while other sections (addressing bulk and height requirements) were deemed applicable. Of those provisions declared invalid, was the requirement for the filing of a site plan depicting the buildings, parking, sewer and water lines, trees, etc. In fact, a common link between The Bible Speaks and cases decided subsequently thereto wherein site plan review bylaws were invalidated is that, in conducting site plan review, the local board applied substantive standards that were beyond the scope allowed by G.L. c. 40A, §3. Therefore, it has consistently been the opinion of this office that it was the application of improper standards, rather than the conduct of site plan review in and of itself, which led to invalidation of the zoning bylaws in those cases. However, a municipality is also not required to fashion a separate site plan review procedure applicable specifically to c.40A, §3 uses. "Under the Dover Amendment, which places restrictions on municipal zoning of [certain protected uses], it is not necessary that local zoning requirements be drafted specifically for application to [protected] uses in order to be considered reasonable." Trustees of Boston Collea-e v. Bd. of Aldermen of Newton, 58 Mass.App.Ct. 794, 802 (2003). Rather, local zoning boards must tailor the application of substantive requirements when conducting site plan review of protected uses. Based upon the foregoing, my opinion is that it is appropriate to conduct site plan review of a protected use as long as the review is limited to the factors authorized by c.40A, §3, i.e., "bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements." In light of the limitations established by §3, the bulk of Section 4.3.3 goes well beyond those provisions that would be allowed for site plan review of a child care facility or any other use protected by c.40A, §3. Thus, the CPDC must adapt its review so that it imposes only .those reasonable regulations authorized by §3. The standards for conducting such review need not be explicitly set forth in the Bylaw. Trustees of Boston College v. Bd. of Aldermen of Newton, 58 Mass.App.Ct. 794, 802 (2003). ("[I]t is not necessary that local zoning requirements be drafted specifically for application to [c.40A, §3] uses in order to be considered reasonable.") Rather, the CPDC can simply follow the usual procedures for site plan review but only consider the factors set forth in G.L. c. 40A, §3 as applicable to protected uses. Notwithstanding that it is my opinion that the CPDC may entertain the submittal of a site plan pursuant to its established procedures but with a modification of the substantive criteria, the limited review permitted by c.40A, §3 appears to be duplicative of that which must be undertaken by the Building Inspector upon the submittal of a building permit application for the child care facility. Under these circumstances, I 3 l6 strongly suggest that the CPDC consider submitting to Town Meeting an amendment of the zoning bylaw specifically excluding the uses protected by c.40A, §3, e.g. child care facilities, educational and religious uses, from the site plan review process. Thereafter, it will be clear that in reviewing the building permit application, the Building Inspector will be charged with ensuring that such protected uses comply with the applicable provisions of the. zoning bylaw. Please don't hesitate to contact me if you require further assistance or advice regarding this matter. Sincerely, Ellen Callahan Doucette ECD/sjs cc: Peter I_ Hechenbleikner, Town Manager (via email only) 4 l Page 1 of 2 Delios, Jean From: Gary S. Brackett [gsbrackett@brackettlucas.com] Sent: Wednesday, January 25, 2012 12:21 PM To: Delios, Jean Subject: RE: Dover Amendment Jean, As a new use in a building, with no on-site parking, I would agree that they would need to seek a dimensional variance from the parking requirement. Let me know if I can be of any further assistance. Regards, Gary Gary S. Brackett, Esquire Brackett & Lucas 19 Cedar Street Worcester, MA 01609 (tel) 508-799-9739 (fax) 508-799-9799 This message is intended only for designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply email and delete this matter. Thank you. . From: Delios, Jean [mailto:jdelios@ci.reading.ma.us] Sent: Wednesday, January 25, 2012 10:04 AM To: Wilson, Jessie; gsbrackett@brackettlucas.com Cc: Redmond, Glen Subject: RE: Dover Amendment Hi Gary Can you also please clarify for us the issue related to regulation of parking for this application? The property is a former church building and has no on-site parking. We don't have an exact number for square footage, but, under our ZBL we require 1/300 sf for parking requirements. They clearly don't meet parking, do we direct them to apply for a variance? Best, Jean Jean J. Dehos Community SenAces Director/To,-Nm Planner Town of Reading 16 Lowell Street Reading, MA 01867-2685 (P) 781-942-6612 (F) 781-942-9071 Town Hall Hours as of June 7, 2010 M, W, Th: 7:30 a.m. - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. FRIDAY: CLOSED jdelia5:~? ci.reacting.ina.us www.readingma.izov j 2/9/2012 Page 2 of 2 Please let us know how we are doing by filling out a brief customer sendce survey at http://readingma- survey.\, rtualto~NZlhall.net/sLirvey,/sid/de8bdaal6db9e6b / From: Wilson, Jessie Sent: Tuesday, January 24, 2012 11:29 AM To: gsbrackett@brackettlucas.com Cc: Delios, Jean Subject: Dover Amendment Hi Gary, We are in the process of reviewing and application for 32 Lowell Street, which the applicant is proposing to complete some interior renovations to accommodate the Northeast Youth Ballet Inc. for a ballet studio/school. The applicant has provided documentation (attached) including the Articles of Organization as indication that this use is protected under the Dover Amendment and therefore site plan review is limited. We would appreciate your opinion as to whether this documentation is sufficient to determine this project qualifies for limited site plan review pursuant to the Dover Amendment. If you need any other information, please let me know. Thanks, Jessie Jessie Wilson Staff Planner Town of Reading 16 Lowell Street Reading, MA 01867 p: 781.942.6648 f: 781.942.9071 iwilson(&ci.readina.ma.us Town Hall Hours: Monday, Wednesday, & Thursday : 7:30am - 5:30pm Tuesday 7:30am - 7:00pm & CLOSED on Fridays 00 2/9/2012 Town of Reading January 25, 2012 32 Lowell Street DRT Meeting Development Review Team Meeting Wednesday, January 25, 2012 32 Lowell Street Staff Present: (see Sign-in Sheet for contact information) Community Services Director/Town Planner Jean Delios, Fire Chief Greg Burns, Fire Lieutenant Paul Jackson, Police Lieutenant Richard Robbins, Building Commissioner Glen Redmond, Town Engineer George Zambouras, Staff Planner Jessie Wilson. Applicant Representatives Present: Attorney Bradley Latham, Applicant Denise Cecere and Ralph Cecere Plans Reviewed: Architectural Drawings, dated September 18, 2011 Sheet 1: Basement Plan (Needs to be labeled) Sheet 2: Proposed 1St Floor Plan Sheet 3: Proposed 1St Floor Framing Plan Sheet 4: Existing Conditions and Proposed Study Section Submittals Reviewed: Application for Site Plan Review, dated January 3, 2012 Addendum to Application, dated January, 2012 Supporting Documents Ms. Delios opened the meeting summarizing the overall project noting that this application will be reviewed with the assumption that it is protected under the Dover Amendment. She indicated that the legal documents have been forwarded to Town Counsel to verify that this project does qualify for limited site plan review under the Dover Amendment. Ms. Delios also described the goals of the DRT process stating that DRT meetings occur regularly as standard practice prior to submitting formal applications for Site Plan Review in order to address as many comments prior to the pubic hearing. Comments Planning: Signage - Ms. Delios indicated review of the proposed signage will be limited given the project will have limited review under the Dover Amendment. However, she requested the applicant provide additional details (dimensions) of the sign to better inform the Board of what is proposed. Driveway - The applicant should provide additional information as to how many cars will be parking in the driveway and in what fashion (tandem?). Also verify and indentify how the driveway will be accessed and how those cars will circulate. An explanation should be provided from the Traffic Engineer as to how the traffic circulation will operate as proposed (enter from Sanborn, exit to Lowell). It was suggested that "Do Not Enter" signs be considered to prevent incorrect traffic movements. 0 Town of Reading 32 Lowell Street DRT Meeting January 25, 2012 • Special Events - The applicant verified that the site will not be suitable for performances. They do intend to hold demonstrations to small groups. • Plans - Sheet I needs to be labeled. The applicant should also clearly show which areas of the building will not be impacted by the proposed renovations and better identify on the plans the proposed renovations. Also include dimensions on the plan. • The applicant should provide more information including a schedule of classes, total number of anticipated students and hours of operation. • Ms. Delios indicated that the Town Hall parking lot should not be used or considered available for parking and/or drop off. • The applicant should coordinate with the plumbing inspector with respect to the proposed lavatory configuration. • Deliveries - It was confirmed by the applicant that no deliveries will occur at the site. • Parking - Ms. Delios will obtain an opinion from Town Counsel as to whether the applicant will be required to obtain a variance for parking. It is believed that parking issues can be considered under limited site plan review under the Dover Amendment, however the Town will defer to Town Counsel as to whether the parking requirements must be fully satisfied (in this case a variance required). • Exterior Lighting - The applicant indicated that the exterior lighting will be repaired. • Pews - It noted that the existing pews will be preserved. The Massachusetts Historical Commission (MHC) required that the pews be stored on-site. The applicant will coordinate with MHC to determine the most suitable storage location. • Changes - The Planning Department must be made aware of any changes to the plan during or after construction and/or Site Plan Review approval. • The applicant should coordinate with the Plumbing Inspector as the proposed restroom renovations are subject to all handicap and plumbing codes and regulations. Engineering: • Driveway Circulation - Circulation for parking on the driveway should enter from Sanborn Street and exit onto Lowell Street. Mr. Zambouras requested more detail and information as to the schedule of classes, total number of anticipated students and hours of operation. Employee Parking - It was stated by the applicant that there will be approximately 3 staff on-site at any given time. Fire: Code - The applicant must submit additional information regarding code classification. 2 0 Town of Reading 32 Lowell Street DRT Meeting Building: January 25, 2012 Fire code requirements will be based on the use code of the building. Will the use remain the same or will it change to educational? If educational, code requirements will be depended on the number of students. Flooring - It was confirmed by the architect that a structural analysis of the flooring confirms that it can withstand the weight of the new flooring structures. Handrails - No handrails were identified at any of the building exits. This will need to be addressed. Parking - Mr. Redmond indicated that the parking requirements are not met and that a variance will be required. An opinion regarding this issue will be sought from Town Counsel. A code review will be required. Other Notes: • The applicant indicated that classes are primarily held from 4:OOPM to 8:30PM. • Tuesday evenings at Town Hall generate a lot of activity. Town Hall is open late and the Board of Selectmen meets on those evenings. This should be kept in mind when developing class schedules and demonstration schedules. • No work will occur to the space identified as "Educational Space 2". • Trash generated on-site will be removed by the owner. They will not put it out for collection. • Post-DRT Follow up with Town Counsel on January 25th determined that the applicant should seek a variance for the parking requirement. ja/ Town of Reading 16 Lowell Street" Reading, MA 01867-26$3 `""'`REC-E~VE=p Phone: 781-942-6612 TOWN CLERK tax: 781-942-9071 READING, MASS. websiter iv~vvv.ci.reading.mn.irs/plnrining e-mail; jdelios@cLi-eading.n:a.its C01MMUNITY PLANNING AND DEVELOIARV CWVS' 9 ~ )N Site, Plan Review Decision February 27, 2012 Project. 32 Lowell Street, Northeast Youth Ballet, Inc. To the Town Clerk: This is to certify, at a public hearing of the Reading Community Development and Planning Commission (CPDC) zvhich zvas opened and closed on February 27, 2012 by a motion duly made and seconded, it zvas voted: "We, the CPDC, as requested by Denise Cecere, under the provisions of Section 4.3.3 of the Zoning By-Laws of the Town of Reading, and MGL Chapter 40A Section 3, to consider the contemplated site plan for property addressed at 32 Lowell Street (Assessors Map 21, Lot 228), as shown on Site Plan prepared by P.J.F and Associates, dated November 16, 2011 and revised on January 30, 2012 and architectural drawings prepared by Phoenix Collaborative Architects lastly revised February 9, 2012 do hereby vote 4-0-0 to approve the said plans, subject to the Findings and Conditions below. MATERIALS: The following materials in addition to the plans as recorded were submitted into the public record: January 10, 2012 Site Plan Review Application January 10, 2012 Addendum to Application January 10, 2012 Photos of Building Exterior January 10, 2012 Plans of existing and proposed interior conditions (not dated) January 10, 2012 Site Plan, dated November 16, 2011 January 10, 2012 Northeast Youth Ballet Mission Statement and Goals of Organization January 10, 2012 Letter from the Internal Revenue Service, Department of the Treasury regarding tax status (Non-profit 561(a) dated February 1, 2002 January 10, 2012 Certificate of Exemption from the Massachusetts Department of Revenue, issued on October 21, 2007 (expires October 31, 2017) January 10, 2012 Certificate of Registration from the Commonwealth of Massachusetts Office of the Attorney General, dated November 17,1999 Town of Reading CPDC January 10, 2012 Articles of Organization for Northeast Youth Ballet, Inc., filed December 13,1996 January 10, 2012 Certified abutters list January 10, 2012 Lease between Denise and Ralph Cecere and Northeast Youth Ballet, Inc. January 10, 2012 Preservation Restriction Agreement between the Commonwealth of Massachusetts (Massachusetts Historical Commission) and the First Church of Christ, Book 3987 Page 416 dated June 16, 1999 January 10, 2012 Project Notification Form to the Massachusetts Historical Commission January 10, 2012 Letter from the Massachusetts Historical Commission dated December 7, 2011 January 10, 2012 Parking Demand Evaluation prepared by Greenman-Pedersen, Inc. (GPI) dated December 19, 2011 January 10, 2012 Proposed signage detail January 10, 2012 Letter from Brackett & Lucas dated October 22, 2007 January 10, 2012 Letter from Brackett & Lucas dated August 11, 2008 January 12, 2012 Plans in full-size format (Sheets 1-4) dated September 18, 2011 January 25, 2012 Development Review Team Meeting notes prepared by Staff Planner Jessie Wilson January 25, 2012 Email correspondence from Town Counsel, Gary Brackett dated January 25, 2012 regarding applicability of Dover Amendment February 9, 2012 Cover letter for revised materials dated February 9, 2012 February 9, 2012 Revised Plans (Sheets 1 and 2) dated February 9, 2012 February 9, 2012 Revise Site Plan, dated November 16, 2011, lastly revised January 30, 2012 February 9, 2012 Supplemental Parking Demand Evaluation prepared by Greenman-Pedersen, Inc. (GPI) dated February 8, 2012 February 9, 2012 Building Code Review prepared by J. F. Cooney & Associates, dated February 9, 2012 February 27; 2012 Memorandum from Town Engineer dated February 27, 2012 FINDINGS: 1. The property located at 32 Lowell Street contains a neo-gothic revival-style church constructed in 1913 and is included in the Massachusetts Inventory of Historic Assets of the Commonwealth and on the National. Register of Historic Places. The property holds a preservation restriction with the Commonwealth of Massachusetts through the Massachusetts Historical Commission. 2. The applicant is proposing to complete interior renovations which include the removal of church pews to accommodate a floor appropriate for classical ballet dance. Other improvements include the construction of a handicap accessible lavatory next to the existing lavatory, expansion of the alter space, and minor Page 2 of 7 2/27/2012 . L/ Town of Reacting CPDC changes to the rear lavatory spaces to accommodate dressing rooms and additional storage. 3. The proposed use as a ballet school is a protected use under Massachusetts General Law Chapter 40a Section 3 (the Dover Amendment). The Dover Amendment exempts the use from special permit requirements (not applicable here) or zoning requirements except for stated "reasonable regulations" including parking. 4. The Building Inspector has determined the project is subject to parking requirements of one space for every 300 square feet of gross building area. The Applicant has submitted an application to the Zoning Board of Appeals requesting an appeal from said determination and/or variance from the requirement. The hearing is scheduled for March 1, 2012. 5. The site does not have any formal parking areas. Historically, the site has been used as a church and parking for the use of the site has been through the use of on-street parking spaces along Sanborn and the adjacent streets. 6. The proposal is for a ballet school that currently has operations in Melrose, MA. Class sizes and scheduling will be based upon the existing class sizes and schedule at the Melrose facility. The Applicant has indicated that the exact number of students and exact class times will vary based on demand. The class schedule will accommodate gapping between classes so that drop-off and pick-ups will be staggered. CONDITIONS: Prior to the issuance of a building permit: 1. The Applicant shall coordinate with the Fire Department in regards to the sprinkler requirement based on the proposed use of the building. 2. Parking requirements are contingent upon the ZBA decision. The Applicant will be required to provide revised plans to the Building Inspector, through the Town Planner if the request for relief from parking requirements is denied by the ZBA. After Occupancy: 3. No signage is approved by this Decision. The Applicant has submitted drawings for a proposed sign to be located in the same location as the previous church signage. The applicant must prepare and submit a Sign Permit Application through the Building Inspector prior to the installation of any signs. 4. No additional lighting is approved by this Decision. 5. Approximately sixty (60) days after opening, the Town Engineering Department shall conduct a review of the traffic and parking operations. If the Town Engineer's review identifies any traffic problems, corrective action will be required. If problems arise from gapping timing, the Town may require increasing the class separation time. Page 3 of 7 2/27/2012 Town of Reading CPDC 6. The Applicant shall provide written notice to the parents of students pertaining to the drop-off and pick-up procedures'including the location of drop off areas. 7. Contemplated future changes to the plan approved hereby shall be presented to the Community Planning & Development Commission (through the Town Planner), the Zoning Enforcement Officer/ Building Inspector, or other relevant Town Boards or staff prior to implementing proposed changes. a) Minor Modification - Changes that do not substantially alter the concept of the approved Plan in terms of the qualities of the specific location, the proposed land use, the design of building form and approved building details and materials, site grading or egress points. Including but not limited to small changes in site layout, topography, architectural plans, landscaping plans, traffic circulation, parking, lighting plan, signage, open space or other criteria set forth in section 4.3.3.6. The Town Planner will review the proposed changes and through administrative approval, may grant approval for a Minor Modification if it is determined that the proposed changes will have no impact to the approved Plan. At the determination of the Town Planner, the Applicant may be required to present the changes to the CPDC for approval for approval as Minor Modification. b) Major Modification - Substantial additions, deletions or deviations from the approved Plan. Include but not limited to large changes in site layout, topography, architectural plans, landscaping plans, traffic circulation, parking, lighting plan, signage, open space or other criteria set forth in section 4.3.3.6. (Note: Approval of the major modification shall be grounds for reconsideration of the Site Plan application. Denial of proposed major modification shall not invalidate the Site Plan in conformance with previously approved Plan.) Signed as to the accuracy of the vote as reflected in the minutes: JeaIelios, Community Services Director/ Town Planner Date Page 4 of 7 z/z7/2oiz 02_~ a T'-Y I PN06NQ COILIBJRA'IiYE ...w~....: 1118II0<fD MA991CH036[19 NOTE: fTBI) Y/e-OYBB THIS AREA (EDUCATIONAL SPACE 1) I Peltm L BIN00&~ ILA rimnBU.l TO BE RENOVATED BY INSTALLING BALET FLOOR - SEE SPECS NOTE: ~u auensw m ff mn THIS AREA TO HAVE COSMETIC RENOVATION ONLY oui- m ~wamYm. ADDITIONAL HANDICAPPED ORAN SPACF LAV. TO BE INSTALLED F THIS AREA TO REMAIN UNCHANGED 3 L 8 n NOTE: n'4 NO WORK TO BE PERFORMED ON THIS FLOOR UTILITY ORGAN MECH. b II H ALL b k - \ - - N H At I - rr°` ' I I / I c~ do r ~"J / » I n.w4 n« . I oa. M. RFSTROOMa STORAGF BOILER ROOM W. F STROOM(~. STORAGE v-' PLAN J L J PROPOSED RENOVATIONS PROPOSED BASEMENT FLOOR PLAN 1/4- = 1"~ 32 LONfll STREET READING MA f!-B' I iP-0' I ffi-11' A'-Y 21'-0' 79.12 I 1 A PHOENIX COLLABORATIVE ARCHITECTS I I1/4'=Y-G' n'-r I I~I C of L tv, NOTE. S-0I2 DRESSING 40 ORFSSING PCIER 4 R1RpDR9L ♦L~ PPpWO THIS AREA (EDUCATIONAL SPACE 1) - ~J TO BE RENOVATED BY INSTALLING BALET FLOOR - SEE SPECS NOTE. r ® THIS AREA TO HAVE s wEa nEtn h. I camncmR ro REVORr _ ALTER COSMETIC RENOVATION ONLY W - AND aas9a15 ro - ~ / vn.ws _ MCHITECT. ADDITIONAL HANDICAPPED - LAV. TO BE INSTALLED III II. ~"h r II , s h EDACI PONAI SPAGF 2 LI. - I, Y ("I til T a d'a - j i PI Y - I 4 t0' Ian 1.1 I , rr I Iti STOR. ~ H HP LAV. ) ~ r a ® I HALL HPI _ _ ~ " I J~~-~~ ~ J/\. pI 11^^'r~r ~ ~ Na I RMYen/lsw Dab . -B' IV 4 I ~ J / W/ ~Ji. _ _ LJ _ w_ rt wrw+w_ - - COAT ROOM ENTRY y ^p HALL. .yENARY HRIVFWAY .w.-r. I PLAN 14, -%i PROPOSED RENOVATIONS J ~oa "»wa " d - - - - - 32 N M STREET READI DING G MA READING PROPOSED FIRST FI OOR PLAN G 79.12 2 FJIE 1/a = 1~ I --H-6-Efd-i i; CO_LABORATIVE ARCHITECTS Q 14 N/F TOWN OF READING N/F FIRST CONGREGATIONAL CHURCH OF READING 121.50'(DEED) SAg.4y q0'E - _ 126.48'(PIAN) F / N ✓ LOT 228 r' V (ASSESSORS) l A=23,186 sq.ft. 032 A=22,460 sq.ft.(-Ii ) 1-STY. STON ~VERHANG I J -9.8- 216 Fu F N4059'34"W h LOELL STREET I HEREBY CERTIFY THAT THIS PLAN HAS BEEN PREPARED FROM AN ACTUAL ON THE GROUND INSTRUMENT SURVEY. PAUL J. FINOCCHIO P.L.S. No.36115 DATE BUILDING AREA=5669 S.F. LOT COVERAGE= 5669/22,460 = 24.6% PLOT PLAN OF LAND OF 32 LOWELL STREET IN READING, MA PREPARED BY: P.J.F. AND ASSOCIATES 11 GLEASON STREET MEDFORD, MA. 02155 (781) 395-7662 0' 10' 20' 30' 40' SCALE: I"= 20' DATE: JAN. 30, 2012 FILE No. 6266C FIELD PLAT DESIGN DRAFT I CALC. CHECK M N/F TOWN OF READING N/F FIRST CONGREGATIONAL CHURCH OF READING 121,50'100) 546'44'40'E ,24.4a'IrLAN) I C ~y LOT 228 v (ASSESSORS) D A-23,186 eq.ft. 32 A-22,460 eq.lt(c01c) 1-sn. STON sl1 0- 1 !G3_-_. I 1 U Y i A OVERHANG I ~ 2W m~ o ~ I 4 - I i 20• N40IV34-W I h LOWELL STREET I HEREBY CERTIFY THAT THIS PLAN HAS BEEN PREPARED FROM AN ACTUAL ON THE GROUND INSTRUMENT SURVEY. PAUL J. FINOCCHIO P.L.S. No.36115 574' D. 13199.48' .20' 1 J DATE G?T Reading ZBA Case Date: .l _ Chair: rb BUILDING AREA-5669 S.F. LOT COVERAGE- 5669/22,460 - 24,6% PLOT PLAN OF LAND OF 32 LOWELL STREET IN READING, MA PREPARED BY: P.J.F. AND ASSOCIATES 11 GLEASON STREET MEDFORD, MA. 02155 (761) 395-7662 0' 10' 20' 30' 40' SCALE: 1"= 20' DATE: MARCH 5, 20'12 FILE No. 6266C2 FIELD PLOT DESIGN DRk "P CALC- I CHECK VARIANCE CRITERIA 1. There are circumstances relating- to the soil conditions, share, or twoml)hv of such land or structures and especially affecting such land or structures, but not affecting R-enerally the zoninf4 district in which it is located. The existence of a church structure on a lot is an unusual feature that does not apply to the zoning district as a whole. The lot has an unusual shape, with a long, narrow point at the intersection of two streets. The structure is situated on the lot so as to preclude a useable parking lot. The structure has an unusual shape with the overhang. The site is subject to a historical preservation restriction that prohibits cha:.ges to the property. A copy of that restriction is attach,,-d and marked Exhibit B. 2. A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise. If a variance is not granted, the property cannot meet the requirement of one on-site parking space for every 300 gross square feet of building area. Such a consequence would result in the building not be practically useable. That is certainly a substantial hardship. While it would be an absurd economic waste to do so, one cannot even tear down a part of the building to create parking because of the historic preservation restriction. 3. Desirable relief may be eranted without substantial detriment to the public F4ood. Granting the relief requested will not be substantially detrimental. In fact, allowing the building to be so used will result in the preservation of the historic structure. As is demonstrated by the traffic report (Exhibit C) there is ample parking available to accommodate the small traffic impact from the proposed use as a classic ballet school. The historic use of the property as a church generated more traffic than the proposed use. 4. Relief may be P-ranted without nullifvinsz or substantially derOp-atinQ from the intent or purpose of the zoning by-law. Allowing the ballet school to operate in this building will not result in any change to the appearance of the property. The actual use will be within the structure. Allowing the proposed use of the facility will be beneficial and will be consistent with the stated Purpose {Section 1.0] of the zoning bylaw, as such a cultural use will "...promote the general welfare of the inhabitants... facilitate the adequate provisions of schools... encourage the most appropriate'use of land... [and] ...preserve historic sites...". Allowing the use of the property without more off-street parking will not nullify or substantially derogate from the intent or purpose of the zoning by-law, which does not even mention a parking requirement for a school. Additional materials and evidence shall be presented at the public hearing. 3 3~ Town of Reading 16 Lowell Street Reading, MA 01867-2683 BUILDING PERMIT REVIEW Date: 2/1/2012 Community Development (781) 942-9010 Fax(781)942-9070 Date of Application: 1/31/2012 Property Location: 32 Lowell St, Reading, Ma 01867 To: Latham Law Offices LLC (Denise and Ralph Cecere) Your Building Permit Application is hereby denied, the reason being information submitted does not comply with or contain the following: ❑ CMR - Sixth Edition, Section 110.8 Engineering Details, Reports, Calculations, Plans and Specifications: ❑ Certified Plot Plan ❑ No Fee ❑ Zoning By-laws, Town of Reading ❑ Section(s) 6.1 Off-street Darkina and loadinia areas The proposed plot Dlan dated Jan 30, 2012 prepared by PH and Associates does not indicate anv off-street oarkinf4. It Is of my opinion that one space for each 300 sf of Gross floor area or fraction thereof would aDDly to the intended use of this propertv ❑ Other Permits Required (Planning, Conservation) ❑ Other ❑ The following items are hereby returned: ❑ Copy of Permit Application ❑ Permit Fee Submitted I am available Monday, Wednesday and Friday from 7:30 a.m.-8:30 and 12:30 p.m.-1:30 p.m. to answer any questions you may have. C. Glen Redmond TO: Zoning Board of Appeals From: Peter I. Hechenbleikner, Town Manager Date: Wednesday, March 07, 2012 Re: Town Hall parking lot I understand that during a ZBA case involving the former Christian Science Church adjacent to Town Hall that a representation was made that the Town Hall lot is a "public off-street parking facility" under section 6.1.1.1 of in the zoning bylaw. This section provides that for certain uses no off street parking is required if the use falls within 300 feet of a "public off-street parking facility". While I do not intend in this memo to advise the ZBA on how they should decide the case before them, I would advise that this parking lot is not a "public off-street parking facility" as envisioned in the zoning bylaw. This parking lot is a parking facility that is owned by the Town of Reading but is part of the Town Hall property and is dedicated to the use of employees and visitors to the Town Hall. ♦ The parking lot is not a separate parcel of land - it is part of 2 parcels of land that constitute the Town Hall property. A portion of the Town Hall building is on the same parcel of land that includes the parking lot. ♦ As such this parking lot is utilized by the Town as a property owner, for the use by the Town Hall, and not as a public off-street parking facility such as the Upper Parking Lot behind the CVS, the Brande Court Parking lot, or the Hamden Yard parking lot, all of which are publically owned for the sole purpose of providing public parking. ♦ The regulation of the Town Hall parking lot is up to the Town Manager pursuant to the Reading Home Rule Charter Section 5.2 K. The regulation of the public parking lots sited above is up to the Board of Selectmen. ♦ The Town Manager has put into place regulations that are posted on signs at the entrance to the parking lot, and which state that the lot is available for Town Hall employees and customers only during certain hours. The Town Manager may at his discretion change those regulations, and in fact I am considering changes based on the current hours that Town Hall is open, and also based on the heavy demand for evening Town Hall parking due to significant evening use of Town Hall for various local government meetings. ♦ A very small portion of the lot is owned by the Congregational Church and subject to an agreement signed January 14, 1994, the Congregational Church enjoys certain use of the parking lot during certain times, and the Town enjoys the right to use the small portion of the parking lot owned by the church during other times. ♦ The Town of Reading has continuously operated the Town Hall parking lot as a parking lot exclusively for Town Hall use except as noted relative to the Congregational Church, for at least the past 25 years. The Town has in fact upon occasion enforced these regulations when employees of downtown businesses tried to use it for their parking. ♦ The applicant/owner of the former Christian Science Church was made aware that this parking would not be available for their use, as soon as the Town learned the identity of the owners and their intended use. I hope that this information will help the ZBA understand the status of this parking. If the Board has any further questions I would be happy to answer them. 0 Page 1 J-51 Knight, Maureen From: Wilson, Jessie Sent: Thursday, March 15, 2012 10:44 AM To: Knight, Maureen Subject: FW: 32 Lowell St. Hi Maureen, Please see below from John Weston in regards to 32 Lowell st. Can you forward to zba? Thanks, Jessie From: Weston, John [John.Weston@hdrinc.com] Sent: Thursday, March 15, 2012 10:22 AM To: Delios, Jean; Wilson, Jessie Subject: 32 Lowell St. Jean/Jessie, Can you forward this to the ZBA, as I do not have their email addresses. Thanks, To: Reading ZBA Last month CPDC held a public hearing and approved a site plan for the Northeast Youth Ballet school to be located at 32 Lowell Street (formerly the Christian Science Church). It was the opinion of the board that the site and building are configured in such a way as to not be able to accommodate any additional on-site parking; and any on-site parking would be more detrimental to the historic nature of the property and more harmful to the safe functioning of the site than the proposed plan. The site plan decision includes conditions related to on-site parking and on-street drop-off that that board felt would adequately serve to mitigate for the lack of on-site parking. It was the decision of the board that the plan as proposed (without additional on-site parking) meets the goals of the master plan. On Monday March 12, 2012 the CPDC voted to inform the ZBA of the outcome of the CPDCs review of the site plan review, and to advocate for approving the appeal of the building inspector's decision. However, the CPDC also wished to express caution regarding the granting of a variance to ensure that it can be conditioned in a way so that any future use of the property does not result in future traffic congestion or traffic safety concerns resulting from the lack of on-site parking. John Weston AICP Chairman, Reading Community Planning and Development Commission john.weston@hdrinc.com<mailto:jchn.weston@hdrinc.com> 1 CY-i) DRAFT Town of Reading ZONING BOARD OF APPEALS DRAFT Minutes of March 1, 2012 Members Present: Robert Redfern, Vice Chairman Kristin Cataldo John Jarema Damase Caouette John Miles Members Absent: Jeffrey Perkins A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the Town Hall, 16 Lowell Street, Reading, Massachusetts beginning at 7:00 P.M. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 12-01 A Public Hearing on the petition of Northeast Youth Ballet, Inc. who seek a Variance/Appeal of the Building Inspector under Section(s) 6.1 of the zoning bylaws in order to use the structure as a non-profit school without on-site parking on the property located at 32 Lowell Street in Reading, MA. Attorney Brad Latham represented the Applicants who were present. He presented his case for the Board regarding the requested Variance/ Appeal of the Building Inspector. The CPDC approved the site plan this past Monday night. If after 60 days the Town Engineer recognizes traffic problems the CPDC can request additional times between scheduled classes. The school is a registered non-profit institution with the State. There is a preservation restriction on the property. There was a discussion about the parking situation and the school said they would agree to stagger the classes so there would not be parents dropping off and picking up at the same time. There is space for three vehicles but these would be for teachers and not students. Attorney Latham presented his rebuttal of the Building Inspector's decision regarding the number of spaces required. He said there is no on-site parking requirement and if the Town wants that, Town Meeting should change the bylaws. Attorney Latham also said the school would be within 300' of public parking because the school will abut the Town Hall parking lot. Attorney Latham also presented his arguments for the granting of a Variance by listing the four required criteria to receive a Variance. There are no exterior renovations being done, just slight interior work. ZBA Meeting, March 1, 2012 1 S 3 DRAFT The Building Inspector said Town Counsel said the Applicants must seek a Variance for parking as other new schools in the town had to. He also thought the Town Hall Parking Lot was not a public lot but instead for the use of Town Hall employees. The Chairman said they must reach a decision based on the regulations that they have. There was also a discussion regarding if the customers going to the school were consumers. This category is used to cover almost every building in Town other than restaurants. Other Board members voiced their opinions. Mr. Caouette was inclined not to overturn the decision of the Building Inspector or to grant the Variance. Mr. Jarema reviewed his observations of the building and asked whether there were any landscaping demands as part of the Mass Historic agreement that would prohibit additional parking to be found on the property. Mr. Jarema also questioned CPDC making the decision as to how parking is working out because technically this would come back before the ZBA for their decision. He said he would not want to see the school opened and then have the ZBA have to close the school due to a parking situation. He would want additional information sought by the Applicants and some attempt made to find and provide some type of on-site parking. And he thought the first priority was the safety of the students and their access to the building. The Building Inspector said it was the jurisdiction of the CPDC to design parking. He also said the architect said the capacity of the building was 300 people and if that were ever achieved where would they park. Ms. Cataldo said she thought the issue was parking and not just drop off and pick up. Especially for the younger children, even if there was no observation allowed of the classes by the parents. Attorney Latham said to grant a Variance predicated on the basis of this school as a non-profit educational institution. The Applicants cannot afford the expense of providing on-site parking. Ms. Cataldo said there are several ballet schools and karate schools and she had reservations because she think sit falls under the consumer establishment and using the Town Hall Parking Lot is not the solution. She would like to see if there is some way for them to provide on-site parking. Mr. Redfern did not think the Variance was feasible and he also put it in the consumer services category like the majority of the town. The Building Inspector said it was not consumer services but instead an educational institution. Mr. Jarema said it was a change of use as voiced by the Building Inspector and if it was deemed a consumer services institution it would be required to provide parking. Attorney Latham asked if, with the approval of Mass Historic, that the Applicant could put in two on-site parking spaces, would the Board consider granting a Variance based on that. ZBA Meeting, March 1, 2012 2 0 DRAFT The Applicant said the three parking spaces were sufficient because there are three teachers and all others are drop-off and pick-up. The discussion continued because there were varied opinions among the Board as to how the Applicants could or could not provide additional parking. Mr. Jarema said he wanted at least an attempt to provide at least two additional parking sites or widen the driveway for extra spaces so that down the road this would be a building with on-site parking. Attorney requested a two-week continuance so that the Applicants can speak with their engineer and the Town Engineer and see what they might be able to do to show good faith. The Chairman said they should also review the On a motion by John Jarema, seconded by Kristin Cataldo, the Zoning Board of Appeals moved to continue the hearing to March 15, 2011. The vote was 5-0-0 (Cataldo, Jarema, Miles, Redfern, Caouette). Case# 12-2 A Public Hearing on the petition of Gaetano, Maria & Melissa Fodera who seek a Special Permit / Variance under Section(s) 6.3.6/6.3.8/5.1.2 of the zoning bylaws in order to demolish a non- conforming single family dwelling and to construct a new single family dwelling on the property located at 20 Eaton Street in Reading, MA. Attorney Josh Latham represented the Applicants who were in attendance at the meeting. He presented the history of the property. It was bought for their daughter and was in a state of disrepair. It will take up a greater area and with a different footprint. The proposed dwelling will correct one of the current non-conformities and will be built smaller than it could be in order to achieve this. The Building Inspector said it a typical demolition and rebuild and the non-conforming woodshed located on the property would be removed. The Board members asked questions of Attorney Latham regarding the set backs, garage, lot coverage, dimensions, and height of the structure. Kenneth Toomajian of 22 Eaton Street had questions about the driveway. On a motion by Damase Caouette, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicants.... The vote was 5-0-0 (Miles, Cataldo, Redfern, Jarema, Caouette). Adjournment ZBA Meeting, March 1, 2012 9 DRAFT On a motion by Kristin Cataldo, seconded by Robert Redfern, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 4-0-0 (Miles, Redfern, Jarema, Caouette). ZBA Meeting, March 1, 2012 4 0 DRAFT Town of Reading ZONING BOARD OF APPEALS DRAFT Minutes of March 15, 2012 Members Present: Jeffrey Perkins, Chairman Robert Redfern John Jarema Damase Caouette Kristin Cataldo Glen Redmond Members Absent: John Miles A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the Town Hall, 16 Lowell Street, Reading, Massachusetts beginning at 7:00 P.M. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 12-01 Continuation of a Public Hearing on the petition of Northeast Youth Ballet, Inc. who seek a Variance/Appeal of the Building Inspector under Section(s) 6.1 of the zoning bylaws in order to use the structure as a non-profit school without on-site parking on the property located at 32 Lowell Street in Reading, MA. Attorney Brad Latham reviewed that the case was continued because the Board had asked if there were any way that parking could be added to the property. He submitted a plot plan that showed added spaces. The Town Engineer thinks it is workable other than that the two spaces on the northern side be more angled. The Mass Historical Commission said they would give consent grudgingly and they submitted a letter giving their approval to the scope of the project as presented. Attorney Latham also reviewed the memo submitted by the Town Manager stating the adjacent lot is not public parking but is for the use of Town Hall employees and visitors to the Town Hall as well as a memo from the CPDC about their approval and decision. He proposed that if there was indeed a parking problem then the Town has the right to ask for this additional parking to be installed. Jeffrey Perkins was not at the previous meeting but did review a DVD of the meeting and signed a document to that effect and will be a voting member on this case. ZBA Meeting, March 15, 2012 1 3 DRAFT The Board members gave their individual opinions and about overturning the decision of the Building Inspector or the granting of a Special Permit and the review of the situation in a few months. Mr. Caouette did not want to see the beauty of the property destroyed by parking spaces and thought the appeal of the Building Inspector's decision was the best direction. Mr. Jarema said Sanborn Street is always full of parked cars. He also was concerned about the safety of the younger children and their being dropped off too far from the building and the parent's dislike of this arrangement. Also the blocking of the through driveway will prevent any possibility of drop offs being done that way and he thought this was the best solution. He felt that CPDC reviewing the parking situation in 60 days is not feasible both in time and conclusion since the Applicant will be required to resubmit another application to come before the Zoning Board. Mr. Redfern said if they did not overturn the decision of the Building Inspector then parking would be required based on the square footage and that would be a required 10 parking spaces and this would not be possible. Then a Variance would have to be obtained to overturn the ten- space requirement. Ms. Cataldo said she is looking at the safety of the younger students entering and exiting the building. They are providing an educational service like a karate school and they need to uphold the decision of the Building Inspector and require a Variance. John Arena of 26 Francis Drive said the Christian Coop Preschool has the same issues as this property and they have managed to do so for many years. Also similar is the Creative Arts School who is an abutter of this building. He did not think the parking situation is a problem and parents have adjusted to how to drop off and pick up their children. Mr. Perkins said he thought it is a difficult situation and did not think four additional parking spaces would give any real benefit. He thinks the appeal of the Building Inspector might be the way to go. On a motion by Damase Caouette, seconded by Robert Redfern, the Zoning Board of Appeals moved to overturn The vote was 2-3-0 (Perkins, Caouette, Jarema, Redfern, Cataldo). The deliberations continued for a long time while all avenues were explored about how best to resolve this situation. On a motion by Kristin Cataldo, seconded by John Jarema, the Zoning Board of Appeals moved to grant a Variance...... The vote was 4-1-0 (Perkins, Cataldo, Redfern, Caouette, Jarema). ZBA Meeting, March 15, 2012 2 9 DRAFT Adjournment On a motion by Kristin Cataldo, seconded by Robert Redfern, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 5-0-0 (Perkins, Cataldo, Redfern, Caouette, Jarema). ZBA Meeting, March 15, 2012 3 9 TOWN OF RJF ADING ZONING BOARD OF APPEALS DECISION ON THE PETITION OF NO)RT`HEAST YOUT11 13.-1LLET, INC. FOR THE PROPERTY LOCATED AT 32 L€)WELL S`T"RF.KI', READ11NG, lti1ASSACUSUETTS March 15, 2012 Case No. 12-01 The Zoning Board of Appeals (the "Board") held a public; hearing on 'T'hursday, klarch 1, 2012, which hearing was continued to Thursday March 15, 2012, in the Selectmen's \1:,Ain2 Room at 'fowvn Hall, 16 l..owvell Street in Reading, Massachusetts, on the petition of Northeast Youth Ballet, Inc. (the "Petitioner"), who sought (1) -,in Appeal of the building inspector's determinrttion under Section 6.1 that use of the Strireture located at 32 l,owvell `-,treet in ReadllnL. `Massachusetts (the: ``Property") as a ballet school required on-site park-Hig, or alterrratk ly, (2) a variance under Section 6.1 of the Zoning By-Lawns in order to use the struicture located on the Property as a ballet school without the requisite on-site parking. Attorney Bradley Latham appeared on bcl, if of the Petitioner. Following the presentation, discussion and comment by Board members and the opening of the hearing to public discussion. a motion was made, and seconded, to overturn the bt i_lding inspector's determination that the Property regUired ort-site parking. The Board voted k2- 3-0) to deny the Petitioner's requested appeal. Following the denial of the appeal, the Petitioner requested a variance frorn the on- site parking requirement. The Board may grant a variance from the By-lawns if it determines that each of the lollowing cornditions have been met: (l) particrilar circumstances exist relating, to the soil conditions, shape or topography of the land or structures that are the subject of the petitionn, but do not grenerally affect the ron.i.ncy district in which it is located, (2) literal enliorcement of' the zoning ordinance would involve a substantial hardship, financial or otherwise; (3) desirable relief can be granted without substantial detriment to the public good; and (4) the requested variance does not nullify or sul>~tintially derogate from the intent or purpose of the zoning, ordinance. Attorney f-itharn addressed the criteria for Ithe granting of a variance on behalf of the Petitioner. Additionally, the. Board received a March 6, 2012 letter from the Massachusetts Historical Commission ("Comn-tission") stating; that the Petitioners proposed parking, plan to add tour parking spades on the Property was agreeable to the Commission:. The Board also received a March 7, 2012 memo from t 1e Towvn Manager, as well as a March 15, 2012 email from the CPDC. March 1-5. 2012 Case No. 12-01 0 Follmving the presentation, discussion amd comment by Board members and the opening of the hearing to public discussion, the Board concluded that the Petitioner Mgr rating a variance. satisfied the criteria for Accordingly, a motion was made and s ;cornded, anti the Board voted (4-1-0) to grant the petitioner',, request for a Variance from Section 6.1 the Zonin4o Bv-[.,arcs to permit the Petitioner to vide four parking spaces om the Property as shown on tlrc submitted Plot flan of land by P.J.F. and Associates, I I Gleason Street, Medford, MA, dated (larch 5, 2012. The variance granted relates only to the use of the Property as a ballet. school. If` there is a subsequent change in the primary use of the Property. the new use shall be subject to municipal review. Any person aggrieved by this decision of the Board may, apps 2.'d to the appropriate court pursuant to M.G.L. c. 40A, § 17, within twenty (20) days after the elate of tiling this Decision «ith the Torn Clerk. Notice of appeal with a copy of the complaint must also be (fled with the loran Clerk within twenty (20) clays as provided in § 17. This Variance shall not take, e:ffeet until a copy of this Decision. bearing certification of'the Town Clerk that twenty (20) days have elapsed after the Decision was tiled iri the Office of the Town Clerk and no appeal hl-- be~ri tile;d.. or if an appeal has been ilcd W101111 such tinie, that it has been dismissed or i&iiied, is recorded iTY the Middlesex ~c}uth District R.egistry° of Deeds and indexed in the Grantor's Index under the name of tire, owner ol'reco rd. or is recorded and noted on thie Owner's Certificate ofTitle. "fhe fee for recording, or registering shall be paid by the 0AN'TIcr or Petitioner. An-v person exercising rights tinder a. drily appealed Special Permit does so at the risk that a court may reverse the permit ancf that any construction performed under the permit inay be ordered to be undone. ON BEHALF OF THE READING ZONING 190ARD OF APPI ALS r 'r m3 ff-qty . Perkins, Chairman _ Zoning Board Members voting on Case r It-0)]. Jeffrey D. Perkins. Robert Fl. i ~dl`enz, Darmase Caouetle, John Jarema. and Kristin Cataldo March I 2012 2 Case No. 12-01 0 Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, March 22, 2012 4:39 PM To: Schena, Paula Subject: Fwd: Grumpy Doyles Copy for Tuesday night T. M. report Sent from my iPhone Pete Begin forwarded message: From: "Delios, Jean" <ideliosgc _readinQ.ma.us> Date: March 22, 2012 4:10:37 PM EDT To: "Wilson, Jessie" <jwilson(c~r~ci.reading.ma.us>, "Zambouras, George" <v-zambouras@ci.reading.ma.us> Cc: "Hechenbleikner, Peter" <phechenbleiknergci.reading. ma.us> Subject: Grumpy Doyles I just went over the entire file for Grumpy Doyles and found the hours for the outdoor patio on the original application for Site Plan Review. Since the CPDC said they have no interest in regulating the time of year it opens and Peter indicated that the BOS did not restrict this under the Liquor License, it appears that this is a minor issue and Grumpy Doyles is not restricted to any particular time of year for use of the patio. I did mention to the owner that he needs to be mindful of his seating capacity and not go over what was approved between indoor and outdoor seating. Jean J. Delios t.'oininunity Servic€ s Director."Totivn Planner Town of Reading 16 Lowell Street Reading, MA 01867-2685 (P) 781-942-6612 (F) 781-942-9071 Town Hall Hours as of June 7, 2010 M, W, Th: 7:30 a.m. - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. FRIDAY: CLOSED jdelios,,&ci.reading.ma.us www.readingma.gov Please lct 118 1 nor flow ~~e are (Joiri by Iillin~ oul a leis (cusl nlor ~w_rvi( 0 Survey al httpj-Lreadinama-survey. virtualtownhall.netysurvey/sid de8bdaa16db9e6b4/ G 3/22/2012 Page 1 of 4 Hechenbleikner, Peter From: Delios, Jean Sent: Tuesday, March 27, 2012 12:46 PM To: Hechenbleikner, Peter Subject: FW: 30 Haven, Reading rents Clarification on affordable rents - Oaktree Jean J. Delios Town of Reading 16 Lowell Street Reading, MA 01867-2685 (P) 781-942-6612 (F) 781-942-9071 Town Hall Hours as of June 7, 2010 M, W, Th: 7:30 a.m. - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. FRIDAY: CLOSED W w.readingma.gov From: Wilson, Jessie Sent: Tuesday, March 27, 2012 11:21 AM To: Delios, Jean Subject: FW: 30 Haven, Reading rents See below. Jessie Jessie Wilson Staff Planner Town of Reading 16 Lowell Street Reading, MA 01867 p: 781.942.6648 f: 781.942.9071 jwils...on_@ci reading._ a us Town Hall Hours: Monday, Wednesday, & Thursday : 7:30am - 5:30pm Tuesday 7:30am - 7:00pm & CLOSED on Fridays 3/27/2012 ys' Page 2 of 4 From: Jennifer Van Campen [mailto:jvc@metrowestcd.org] Sent: Tuesday, March 27, 2012 11:03 AM To: Wilson, Jessie Cc: b.engler@s-e-b.com Subject: FW: 30 Haven, Reading rents So. PC!- 1.11C b<-{13w tile advertised Tcnt°` o not. include, )aE°'; €lc "€1f 9 the [ T, iI . ,,:.$nt; ts;;a t e, N-iii be charged extra. The advertised rents are core 1-c kr El Ila-v : €n, ~-,tE=_;MS, Best. . jonailef, From: Brian Engler [mailto.;_b.en.g.l.er.@s-e-b._com.]. Sent: Tuesday, March 27, 2012 10:58 AM To: 'Wilson, Jessie' Subject: FW: 30 Haven, Reading rents Hi Jessie, I found. in my emails and I now realize that everything we put together was correct (phew). It was ultimately decided that a parking allowance WOULD be required and it was deducted from the rents accordingly. We just wanted. to be clear in all. the advertising that if a tenant wanted a space, they would have to pay $50 for one (as even though a deduction was taken, a space was not necessarily included with the unit). So should an applicant rent a space, it will cost them $50 (and their monthly payment of rent + parking would be the same if a space had been reserved for them as part of their rent). If an applicant does not take a space, then they are paying $50/month less. So all is right, thank goodness. Let me know if you have any more questions, and I'll think before I leap. Brian Engler SEB 165 Chestnut Hill Ave. Unit 2 Brighton, MA 02135 Phone: 617.782.2300 x203 Fax: 617.782.4500 email: b.engler@s-e-b.com www.s-e-b.com From: Paul M Ognibene [mailto:paul@Urb..anSpacesLLC..c...o.m.1 Sent: Tuesday, August 30, 20118:49 AM To: 'Reyelt, William (OCD)' Cc: b.engler@s-e-b.com; 'Jennifer Van Campen'; 'Phil Terzis'; 'Jeff Hirsch'; 'Wijnja, Elaine (OCD)' Subject: RE: 30 Haven, Reading rents Bill: Thanks for your email regarding the parking issue. I appreciate your insight and think that the path of least resistance 3/27/2012 (9) Page 3 of 4 is to skip the waiver and simply deduct a $50/month parking allowance from the affordable rents. I'll work with Brian so we can adjust the rent spreadsheet and other documentation accordingly. Thank you, also, for reviewing the documents so quickly. We'll stand by for your comments/confirmation/ approvals. Best regards, Paul Paul M. Ognibene Phone: 617.868.5558 x111 From: Reyelt, William (OCD) [maiIto: _ WilIiam.reyelt@state ma us] Sent: Friday, August 26, 20114:14 PM To: b.enaIer c(~. S-e-b.com; Paul Ognibene (pauI(s1UrbanSDacesLLC..com) Cc: 'Jennifer Van Campen'; 'Phil Terzis'; Jeff Hirsch (jhirsch(d)ur a_nspacesl_I_c.com); Wijnja, Elaine (OCD) Subject: RE: 30 Haven, Reading rents Thanks Brian" Paul, I also mer 'o Brian that I Uow up vv,l yotr n :r= r thinking kin 1. sue, In short, given the requirement in the zoni ig that the affor ' rr further stipulation that prohih- this section from being; ire (attachied: recommending, despite my m n personal syrupathies with w, feral r oral. 4, parking costs, that a "park-ig ance" be deducted from ' nants in th otherwise pay. Would not ha, o necessarily be rolled out o-,- ing allowa need to be reduced by are equivdent amount e= ( t h >r un bun link ia1:. k rid fforclable unit v ,ice p€:Yr se but ret `w Sul., I OaL es to instead pursm, a waiver from DHC that would allow Re.<din- s CPDD t ai=te this requiremer-, I am happy t forovarc any arguments 0 ' ` light b, €.,l" to subrni_t to our hie C insel's Office and/or Cry and schedule a i tin /een aktree and Chief C Treat psid, I a,n tai n.-Ao cert.in that such a waiver would be grE ited. Per my phone conversation with Brian th' afternoon, aside f n that i t, w, I ) be ab' r review of the various documents subm' y Brian on Ti,. an ° v e~c t requested confirmations/approvals. Regards, Bill William Reyelt Principal Planner, Smart Growth Programs 3C of Sustainable Cori-MILInities Dept, of Housing Community Development :100 Cambridge Street, Suite 300 Boston, 02114 517.573.1:355 3/27/2012 0 Page 4 of 4 wiIIiam.reveIt(@state.ma.us From: brian engler fmailto_bra_n_en_gler.@s.-e.-b.com] Sent: Friday, August 26, 20113:26 PM To: Reyelt, William (OCD) Subject: 30 Haven, Reading rents Hi Bill, Here is the updated spreadsheet with the updated language on refrigerators and ranges. Hopefully this isn't as confusing. Thanks again for your time and help, Brian Engler SEB 165 Chestnut Hill Ave. Unit 2 Brighton., MA 02135 Phone: 617.782.2300 x203 Fax: 617.782.4500 email: b.e:cis l.er@s-e-b.com 3/27/2012 0 Hechenbleikner, Peter From: Lynn Tokarczyk [lynn@businessdevelopment-strategies.com] Sent: Thursday, March 22, 2012 10:32 AM To: Town Manager Cc: 'Michael Frisoli'; 'JR McDonald' Subject: Keurig - Discussion follow-up Peter, Thank you for the return telephone call yesterday and discussing Keurig's proposed expansion plans in Massachusetts or out of state. As we discussed, the company's real estate advisor, Cushman & Wakefield, have explored all of the available real estate options in Reading and currently, there are no properties that meet Keurig's requirements. Should a potential property come to mind, please feel free to forward the information to Mike Frisoli and JR McDonald at Cushman & Wakefield and I have listed their contact information below. Michael R. Frisoli, Executive Director Cushman & Wakefield 617-204-4139 Direct 617-943-3926 Cell Michael. Frisoli@cushwake.com J.R. McDonald, Executive Director Cushman & Wakefield 617-204-4121 Direct 617-549-9911 Cell JR.McDonald@cushwake.com Cushman & Wakefield of Massachusetts 125 Summer Street Boston, MA 02110 Cq3 Kindest regards, Lynn Tokarczyk Government Incentives Consultant Business Development Strategies, Inc. P.O. Box 26 Medway, MA 02053 Phone: 508-966-4300 Fax: 508-657-1119 Email: lynn@businessdevelopment-strategies.com <mailto:%201ynn@businessdevelopment- strategies.com> www.businessdevelopment-strategies.com <http://www.businessdevelopment-strategies.com/> 0 To: The Board of Selectmen From: The Trails Committee Re: Sunset clause At its meeting on March 21, 2012 the Trails Com voted to convey to the Board of Selectmen that it has no objection to the Board instituting a sunset date of June 30, 2017 for the Trails Committee. We would like the opportunity to continue and develop the work we have started. In 2008, the Trails Committee constructed a handicapped assessable trail f rom the Mattera Cabin to the head of Bare Meadow. At the head of Bare meadow, a wildlife viewing platform was constructed using materials provided through a $5,000 grant from REI. Another grant was received from the state OCR for trails improvements in Bare Meadow. This included clearing and improving trails, the construction of a boardwalk, new signage and maps for the trails, blazing the trails, and the installation of three informational kiosks. Earlier this year the Trails Committee received a $13,800 grant from the DCR for materials to build a new boardwalk into Kurchian Woods off of Franklin St. Construction of this boardwalk has just begun. We have worked with the local Boy Scout troops to develop consistent guidelines for the replacement and construction of boardwalks in town property. New boardwalks have been constructed by Scouts in the Town Forest, Kurchian Woods, and the Pinevale Conservation area. A new trail was mapped and built by a Boy Scout in Kurchian Woods. The Trails Committee has started an Adopt-a-Trail program whereby local residents serve as a steward of the trail and help to keep it in good order. Going forward, the Trails Committee would like to continue and strengthen the Adopt-a-Trail program they have established. Future projects that are being considered are a trail in the Johnson Woods complex. The trails Committee may work with ROLT to extend this trail into and through their property off of West St. The committee is also looking at the possibility of constructing a trail in the Linnaea Thelin Bird Sanctuary off of Hancock St. The Trails Committee also looks forward to collaborating with the Town Forest Committee on various trail improvements there. Sincerely, Thomas Gardiner Reading Trails Committee LEGAL NOTICE TOWN OF READING NOTICE OF PUBLIC HEARING To the Inhabitants of the Town of Reading: Please take notice that the Board of Selectmen of the Town of Reading will hold a publiiff7 hearing on Tuesday, March 27, 2012 at 7:30 p.m. in the Selectmen's Meeting Room, 1A'-z Lowell Street, Readinc Massachusetts on amending Section 5.1 of the Board CV] Selectmen Policies - Community Services Revolving Funds. A copy of the proposed doc- ument regarding this topic is available in the Town Manager's office, 16 Lowell Street, Reading, MA, M-W- Thurs from 7:30 a.m. -5:30 p.m., Tues from,?:30 a.m. - 7:00 p.m. and is attached to the hearing notice on the website at www.readingma.gov y AI.I. interested parties are A invited to attend the hearing, or may-submit their, comments in writing or by email prior to 6:00 p.m.. on March 27, 2012 to town manager 9ci.reading. ma.u By order of Peter I. Hechenbleikner Town Manager ; 3/20 13 Section 5.1 - Communitv Services Revolvin Donation Funds 5. 1.1 - Creation There are hereby created €eiff two donation funds within the Department of Community Services inthe on. These shall be kept separate and distinct. They are as follows: Shopper- Asr , tance Fund El`a /T-1uf an Se yiees Di ,;sign 2.1 General Elder Residents Assistance Fund - Elder /Human Services Division -3.2 General Resident Assistance Fund - Elder/Human Services Division d. Health Pr-evention Fund Health Division 5.1.2 - Purpose These funds are established as follows: Fund No. 2 1 - to assist the elderly in times of need and when no other resources are available. Examples may include: helping to meet transportation expenses, or extraordinary repairs to property. This fund is set up so that in many instances, loans can be repaid and the moneys made available again. Fund No. -3 2 - similar to Fund No. 2, this fund is established to assist any resident of the Town in time of need, and when no other resources are available. Some elements of this fund may be set up on a loan basis, with repayment to go back into the fund. Fund No. 4 expenses to pay of the Health pr n a Health F eyZ lI1l Vll 1 rV g1i111J and 5.1.3 - Procedures The following procedures are approved for the administration of these funds by the Board of Selectmen: 1. The funds are hereby established by the Board of Selectmen for the purposes stated. 2. When moneys are received, they will be deposited through the Treasurer- Collector, and a notation made in the appropriate monthly report. Gifts will be accepted for a particular fund, but with no other restrictions unless such restrictions are approved by the Board of Selectmen. 3. To expend moneys, the Department will use the normal Town bill-paying process, with prior approval required from the i -eeter- of Elder/Human Services Administrator for funds Number 1, -2-, and 3 2, and the Publie uo„i+h Sefviees ^ aministfate-• f r Fund Number- The Town Manager shall also sign for expenditures from all funds. This will provide adequate checks and balances. 4. In the monthly report of the appropriate department or division, mention will be made as to each circumstance of expenditure from the funds (omitting mention of the name of the individual recipient). -~-donor-s-,and to the Town in the 5. Annually, a summary report will be made to Annual Report. The summary report will include the names (unless withheld at the donor's request) and amount of donations, and the purposes for which each expenditure was made. This system is initiated to keep the necessary confidentiality, to provide the appropriate checks and balances, and to provide for the operation of these funds in an efficient and expeditious manner, since much of the need is often emergency in nature. Adopted: September 13, 1988, amended 12-13-9, amended November 1, 2005; amended 3-27-12 S3 14 Sidewalk and Curb Projects FY-12 to FY-14 FY-12 Prescott Street (Washington St. to Sunnyside Ave.) - Northern side Haven Street (East of Main Street) - Northern side Haven Street (East of Main Street) - Southern side FY-13 Mineral Street bridge Highland Street (Federal Street to Auburn Street) - Eastern side Bancroft Avenue (Locust Street to Auburn Street) - Eastern side FY-14 Mineral Street (Vine Street to High Street) - Southern side Prescott Street (Summer Avenue to West Street) - Northern side PORTION 16 I ~2 lo~ TO: Board of Selectmen From: Peter I. Hechenbleikner, Town Manager Date: Thursday, March 22, 2012 Re: AHTF Housing Allocation Plan Chapter 140 of the Acts of 2001 authorized the Town of Reading to establish an Affordable Housing Trust Fund (AHTF). ♦ "The Town of Reading may establish a separate fund to be known as the Affordable Housing Trust Fund for the purpose of creating or preserving affordable housing for the purpose of creating, maintaining or operating affordable housing." ♦ The AHTF may "develop new or rehabilitate existing dwelling units for purchase or rental by low and moderate income housing purchasers or tenants;" ♦ "Expenditures shall follow an allocation plan submitted by the Board of Selectmen annually to Town Meeting at the Annual Town Meeting, and approved by Town Meeting." ♦ "all expenditures from the fund, shall be in accordance with the allocation plan and approved by a majority vote of the full combined memberships of the Board of Selectmen and the Reading Housing Authority." The purpose of the Affordable Housing Allocation Plan is to provide a framework for the Town to expend funds on affordable housing. The current balance is $ 259,077. Funds have been accumulated over the years as funds secured for the purpose by the CPDC, and funds deposited in one instance when an existing affordable unit was no longer able to be kept affordable after efforts were made to do so. There are no Town generated funds in the AHTF. The only expenditure to date from the AHTF is an amount of $200,000 for Oaktree development to provide an additional 3 affordable housing units. That sum is in escrow and by the fall of 2012 the Town will know whether any or all of it has been utilized. Pending that information, the Board of Selectmen has indicated that in the fall of 2012 it may ask to transfer funds from the 40R payments to the Affordable Housing Trust Fund. Under Article 6 of the 2012 Annual Town Meeting, approval was received for hiring a consultant to update the Town's Housing Plan, including the 5 year "Housing Production Plan". This work was also included in the Town Manager's 2012 goals. This effort is important as a defense against unfriendly 40B developments in the community, and requires the Town to develop a phased plan to produce housing to reach the 10% threshold as required by the 40B statute. As part of these planning efforts, the Town will evaluate how the AHTF can best be used to support the "Planned Production" goals of the Housing Plan, and it is expected that at the next Annual Town Meeting the Affordable Housing Allocation Plan will be fleshed out in better detail, although it is important that the plan remain as flexible as possible to enable the Town to respond to opportunities as they arise. An additional initiative that is being considered is to join a regional consortium which would assist the member communities in monitoring and administering the Town's responsibilities for the various affordable housing developments that exist and will be developed in the future, to maintain the affordable units that the Town has worked so hard to create. This would be a potential use of the "Administrative" monies designated by the Affordable housing Allocation Plan. a Perna 1 17 (~5SD- 6C , Affordable Housing Allocation Plan May 5, 2011 Pursuant to Article 24 of the 2011 Annual Town Meeting, an Affordable Housing Trust Fund Allocation Plan for the Fiscal Year 2012 in accordance with the provisions of Chapter 140 of the Acts of 2001 is as follows: Available Balance - Unrestricted Funds: $458,017.68 Available Balance - Restricted Funds $ 0 Unrestricted funds shall be used for the following purposes: 99% for constructing affordable housing (including loan and grant programs); or for maintaining and improving affordability of existing housing stock; or for the purchase of existing housing stock to add it to or maintain it as a part of the existing affordable housing inventory 1 % for administration of the Affordable Housing Trust Fund Until the Housing Plan is completed for consideration in the 2013 Annual Town Meeting approval of the AHTF Housing Allocation Plan, , I would recommend that the Board of Selectmen adopt the following allocation plan, which would also provide adequate funding for Reading's involvement of the regional consortium as noted above. Affordable Housing Allocation Plan March 27, 2012 Pursuant to Article 19 of the 2012 Annual Town Meeting, an Affordable Housing Trust Fund Allocation Plan for the Fiscal Year 2013 in accordance with the provisions of Chapter 140 of the Acts of 2001 is as follows: Available Balance - Unrestricted Funds: $ 259,077 Available Balance - Restricted Funds $ 0 Unrestricted funds shall be used for the following purposes: 98% for constructing affordable housing (including loan and grant programs); or for maintaining and improving affordability of existing housing stock; or for the purchase of existing housing stock to add it to or maintain it as a part of the existing affordable housing inventory 2% for administration of Affordable Housing V8 (~;G2 ~o~~jOFRfq~~c Town of Reading N 16 Lowell Street Reading, MA 01867-2685 4P 639P MCDRP0 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www. readingma.gov MEMORANDUM TO: Chairman of Human Relations Advisory Committee Chairman of Trails Committee Chairman of Fall Street Fa e Committee FROM: Peter 1. Hechenbleikner r DATE: March 6, 2012 RE: Sunset Provisions TOWN MANAGER (781) 942-9043 Beginning approximately five years ago, when the Board of Selectmen established new Boards, Committees and Commissions they instituted a process of establishing a sunset to the Board, Committee or Commission. The purpose was to have a formal evaluation on a five year schedule of the need for that Board, Committee or Commission. The Board of Selectmen this spring will be evaluating two of the Boards, Committees and Commissions that have sunset clauses - the Advisory Committee on Cities for Climate Protection and the Economic Development Committee - and considering institution of new five year sunset clauses expiring June 30, 2017 for the Human Relations Advisory Committee, the Trails Committee and the Fall Street Faire Committee. 1 want to let you know of this process, and solicit any comments or suggestions that you have with regard ,to this matter. This will appear on the Board of Selectmen agenda on March 27, 2012. 19 g) bj I 2.3.1 Human Relations Advisorv Committee There is hereby established by the Board of Selectmen a Human Relations Advisory Committee. The Human Relations Advisory Committee shall provide advice to the Board of Selectmen on how the community can encourage an environment of tolerance, understanding and harmonious racial, ethnic, religious, cultural and gender relations within the Town and among its citizens, prevent discrimination or the perception of discrimination on the basis of color, age, gender, religion, disability, culture, national origin, ancestry or sexual orientation within the Town or among its inhabitants, and enhance its ability to mediate differences arising from the aforesaid relations. The Human Relations Advisory Committee shall: Engage in out-reach to such groups which may have suffered from or been the object of such discrimination, or may perceive themselves to have been the object of the same; ♦ Provide a safe place where individuals or groups may air their concerns or complaints as to the existence of such discrimination, or where concerns as to the potential existence of such discrimination within the Town or community at large or the perception thereof may be discussed; ♦ Identify perceived problems of such discrimination or human relations conflicts within the Town, and be a resource or referral agency to assist the parties or mediate among the parties so as, to the extent possible, permit the resolution of the same at the local level; ♦ Promote and encourage understanding, tolerance and diversity and the recognition of human and civil rights in the Town and community, and sponsor educational programs and the celebrations of events for that purpose. The Human Relations Advisory Committee shall consist of seven (7) members appointed by the Board of Selectmen, unless another means of appointment is indicated. Members shall reside in the Town or have their place of business in the Town. Membership on the Human Relations Advisory Committee shall include the following: ♦ One member shall be a member of the Board of Selectmen or its designee, ♦ One member shall be the Chief of Police or his/her designee, ♦ One member shall be designated by the School Committee, ♦ The remaining four members shall be appointed by the Board of Selectmen and, to the extent possible, shall be a diverse group which may include representatives from the following fields: ♦ A business owner other than the real estate business or a business association; ♦ A representative of a real estate business or association; ♦ A representative of the Reading Clergy Association. The Committee may invite to serve as non-voting members such voluntary consultants in the field of human relations or human rights as it may choose from time to time. The Town Manager may assign a staff liaison representative to the Human Relations Advisory Committee and arrange for staff support. The Committee shall be advisory to the Board of Selectmen and shall report at least annually to the Board of Selectmen on policy issues. The Committee shall administratively fall within the Police Department. This committee shall sunset on June 30. 2017 unless renewed by the Board of Selectmen. Adopted 2-13-01, Revised 7-22-0, Revised 12114104Revised 41--112 20 6d2 2.3.2 Reading Climate Advisory Committee The International Council for Local Environmental Initiatives (ICLEI) has established a "Cities for Climate Protection" program, which works with cities, towns, and counties to reduce the pollution that causes global warming. There is hereby established a five (5) member dvisefy Committee (Gemmittee) on the "Cities fir Climate Chang°" ReadinLy Climate Advisory Committee pfegam to advise the Board of Selectmen on implementation of the program. The purpose of the Committee is to: Advise the Board of Selectmen on matters of policy related but not limited to the "Cities for Climate Protection" Program for use within the Town of Reading. In doing this work, the Committee will: o Conduct a local emissions inventory of greenhouse gas emission. ♦ Recommend an emissions reduction target. ♦ Identify local actions that achieve the target. ♦ Develop a proposed implementation action plan identifying policies and actions. ♦ Quantify and report benefits created. ♦ Make recommendations to the Board of Selectmen, the Town Manager, and other bodies of the Town on measures appropriate to implement such a program. The Committee will be made up of five (5) members appointed for 3 year terms, so appointed that as even a number of terms shall expire in each year. In selecting the Committee membership of 5 members, the Board of Selectmen shall appoint all members and shall give consideration to members representing the following interests within the community: ➢ Residents of the community who have expertise or interest in conservation, environmental affairs, energy, or other areas of expertise which, in the opinion of the Board would be helpful in meeting the Committee's mission. Subcommittees may be created by a vote of the Committee. Members of Subcommittees do not necessarily have to be members of the Committee. The Committee shall be advisory in all matters. Decisions as to whether or not to implement measures shall rest with the Town Manager, the Board of Selectmen, or other body having jurisdiction in the matter. This Committee shall administratively fall within the Department of Community Services. Staff as available will be assigned by the Town Manager to work with the Committee. This committee shall sunset on June 30, 2017 unless renewed by the Board of Selectmen. Adopted 11-22-05Revised 41-112 21 6~) Ld 3 2.3.3 Policv Estahlishine an Economic Development Committee There is hereby established a five (5) member Economic Development (Committee) to advise the Community Planning and Development Commission (CPDC) and the Board of Selectmen on matters related to current and future economic development in the community. The purposes of the Committee are to advise the Board of Selectmen, the CPDC, and the Town Manager on matters of policy related but not limited to: • Develop a work program including the frequency of reporting to the Board of Selectmen and the CPDC; • Develop an Economic Development Strategy consistent with the Master Plan and goals and objectives established periodically by the Board of Selectmen; • Within the Economic Development Strategy, work with staff to obtain additional State and Federal economic developmental grants; • Explore the need for and legality of forming a "property based" and/or "business based" Business Improvement District(s) funded by assessments on all businesses within the individual district(s); • To the extent feasible, encourage commercial development and office leases of downtown space consistent with the traditional atmosphere of a New England Village Center; • Advise the Board of Selectmen, CPDC, and any other Town agency or official as appropriate, on matters related to economic development in the community; • Maintain an ongoing dialogue with business owners and owners of major properties on a pro-active basis to understand how the Town can work with them to achieve their plans; • In order to achieve the above, review options to funding economic development activities in cooperation with other civic organizations. The Committee will be made up of five (5) members appointed for 3 year terms, so appointed that as even a number of terms shall expire in each year. In selecting the Committee membership of 5 members, the Board of Selectmen shall appoint all members and shall give consideration to members representing the following interests within the community: • Member or designee of the Reading/North Reading Chamber of Commerce; • Member or designee from the utilities serving the community, including electric, gas, internet access, cable TV, or others; • Merchants or businesses from the downtown area of Reading; • Residents of the community who do not represent the above groups, and who have expertise in planning, economic development, finance, business management, construction, training and education, marketing, or other areas of expertise and experience which would assist the community in attracting appropriate businesses to the community and otherwise carrying out the mission of the Committee. Subcommittees may be created by a vote of the Committee. Members of Subcommittees do not necessarily have to be members of the Committee. The Committee shall be advisory in all matters. Decisions as to whether or not to implement measures shall rest as appropriate with the Town Manager, the Board of Selectmen, the CPDC, or other body having jurisdiction in the matter. This Committee shall administratively fall within the Department of Community Services. Staff as available will be assigned by the Town Manager to work with the Committee. This committee shall sunset on June 30, 241-2 2017 unless renewed by the Board of Selectmen. Adopted 3-7-06; Revised 41---1I2 22 0 (,J~ 2.3.4 Policv Establishine a Reading Trails Committee (RTC) Based on the recommendation of the Northern Area Greenway Committee, there is hereby established a five (5) member Reading Trail Committee (RTC) which will assume the responsibilities of planning, developing, and maintaining present and future trails in the Town of Reading. The goal is for the Town to create and maintain a connected, well coordinated system of trails to serve the residents of the community. The RTC will undertake the following responsibilities. ♦ Make recommendations to the Conservation Commission, Town Forest Committee, and Recreation Committee regarding development, operation, use, and maintenance of trails crossing lands under the jurisdiction of these bodies. The RTC shall have no rule-making authority itself. o Act as a liaison between the Town of Reading and the Reading Open Land Trust, Friends of Reading Recreation, Walkable Reading, Scout groups, and other youth and community groups with respect to development, operation, use, and maintenance of trails. ♦ Coordinate and manage an Adopt-a-Trail program, if appropriate, for the maintenance of trails or portions there-of. s Set trail construction, maintenance, use, accessibility, and signage standards. ♦ Oversee production of trail maps and guides. ♦ Provide advice and recommendations on the development of the Ipswich River Greenway and other trail initiatives arising from Town reports and studies. o Approve volunteer trail projects before the volunteers seek approval for projects from the Conservation Commission, Town Forest Committee, or other Town or other cooperating organizations. ♦ Organize training, hikes, trail maintenance days, and trail construction projects. ♦ Foster working relationships with DPW, Police, Fire, Schools, or other agencies to carry out the mission of the RTC. ♦ Encourage cooperation and address problems and conflicts in trail areas. ♦ Identify grant opportunities to support trail initiatives. ♦ Make recommendations to the Board of Selectmen, the Town Manager, and other bodies of the Town on measures necessary and appropriate to implement the trails program. The Committee will be made up of five (5) members appointed for 3 year terms, so appointed that as even a number of terms shall expire in each year. Associate members may also be appointed. In selecting the Committee membership of 5 members, the Board of Selectmen shall appoint all members and shall give consideration to members representing the following interests within the community: ➢ Recommendation of the Conservation Commission; ➢ Recommendation of the Town Forest Committee; ➢ Recommendation of the Recreation Committee; ➢ one or more residents of the community who do not represent the above groups, and who has expertise in, conservation, environmental affairs, trails operation and maintenance, or other areas of expertise which, in the opinion of the Board would be helpful in meeting the Committee's mission. Subcommittees may be created by a vote of the Committee. Members of Subcommittee members do not necessarily have to be members of the Committee. This Committee shall administratively fall within the Department of Community Services. Staff as available will be assigned by the Town Manager to work with the Committee. Thisc~ffifflittee shall su This Committee shall sunset on June 30. 2013 unless renewed by the Board of Selectmen. Adopted 3-25-08: Revised 41---112 23 6 ~ ~d~ 2.3.6 Readine Fall Street Faire Committee There is hereby created as a standing committee of the Town pursuant to Section 2.3 of the Board of Selectmen policies, the Reading Fall Street Faire Committee, herein called "the Committee." The expectation is that, by creating a standing committee, the leadership and workload in carrying out the Fall Street Faire may be spread among a number of individuals, and that the leadership of this event will rotate among members of the Committee. The purpose of the Committee is to: • Plan, organize, and carry out an annual celebration known as the Reading Fall Street Faire, on a date annually to be recommended by the Committee and approved by the Board of Selectmen • Expend funds allocated by the EDC from the Downtown Improvement and Events Trust (DIET) and from other sources as available, to operate a high quality Faire; and return funds remaining at the completion of the Faire to the DIET. Accounting of all funds for the event will go through the Town's accounting system. A report will be submitted to the EDC monthly, or more frequently if needed, detailing the expenditures from the DIET for the Fall Street Faire. • Immediately following the event, solicit feedback from participants and attendees and utilize that feedback in planning the next year's event. • Not later than December 31 of each year, report to the Board of Selectmen on the activities, evaluation, and finances of the event for that year. The Committee will be made up of five (5) members. If possible, at least one member will be a Selectman or designee and one member will represent the interests of the Reading business community. Subcommittees may be created by a vote of the Committee. Members of Subcommittees do not necessarily have to be members of the Committee. The Committee shall meet as needed, with meetings of the Committee and Subcommittee(s) held in accordance with the Open Meeting Law. The Committee shall administratively fall within the Department of Community Services. Staff support for the direct work of the Committee, and for the Reading Fall Street Faire, shall be assigned by the Town Manager as needs and available resources dictate. This Committee shall sunset on June 30. 2017 unless renewed by the Board of Selectmen Adopted 2-15-2011,7Revised 41-112 24 Reading Climate Advisory Committee Mission Statement The Reading Climate Advisory Committee (RCAC) is an official town advisory committee comprised of concerned citizen volunteers seeking to achieve environmental, economic and societal sustainability by raising public awareness and influencing the community, including its government, to reduce energy use and foster environmental stewardship in a cost effective manner. Specific Goals ➢ Minimize Reading's contribution to climate change by reducing our greenhouse gas emissions. ➢ Reduce Reading's dependence on fossil fuels by promoting energy conservation, energy efficiency, renewable energy purchase and generation, and alternative modes of transportation. ➢ Ensure the longevity of our local and global ecosystem by fostering responsible stewardship. ➢ Enhance public health by improving air quality and protecting the Earth's natural resources. Methods ➢ Educate our citizenry with a strong public awareness campaign that involves town government, the schools, the media, and various public forums. ➢ Look for grant opportunities at the regional, state, and federal levels, and pursue those that would help us to meet our goals. ➢ Partner with local businesses to increase effectiveness and cooperation. ➢ Influence the town's bylaws, policies, and codes, including those pertaining to zoning, the town's master plan, and other proceedings to formalize sustainable improvement. Encourage state and federal officials to take a more active role in climate protection. ➢ Foster discussions on climate change and engage the community to envision a productive and resilient community based on renewable energy. ➢ Reach out to neighboring communities to assist them in establishing similar efforts and to collaborate on regional projects. 25 g Ge~ Reading Trails Committee Reading, MA 01867 2011 Annual Report To whom it may concern: This is the Annual Report of the Reading Trails Committee (RTC) for 2011, outlining the activities and events that members, associate members and volunteers participated in throughout the year. The RTC is happy to report another productive and successful year of activities. The committee is a very dedicated and active group of Reading residents who feel that it is important to maintain and develop Reading's trail systems for others to explore, respect and enjoy. The group is made up of five voting members, a few associate members and Kim Honetschlager, the GIS Coordinator for the Town of Reading and a variety of hard working volunteers. The Reading DPW crew has also been very supportive by providing time and equipment towards whatever is needed. Focus in 2011 by the RTC and Scouts has been in the Kurchian Woods conservation area where a trail system has existed for many years. A very generous Department of Conservation and Recreation grant was received which is to be used to build and replace a very old boardwalk built back in the 1970's. The new boardwalk will be at the Franklin Street entrance to Kurchian and will be a huge undertaking. The planning has begin, the funds received and the first two six foot sections are in place, and the project will continue into 2012. Every year we have a few Boy Scouts who are eager for ideas and projects they can work on as a way to earn their Eagle Scout Awards, and they have accomplished much again this year. Major projects have been completed this year such as a trail clean-up, clearing and blazing; the designing and building of a bridge across a stream making access of the trail more accessible and safer; an old sign built in 1974 by a previous Boy Scout was painted and "restored", all making the Kurchian area a nice place to spend time. There have been monthly RTC meetings at the Town Hall and at the Mattera Cabin and some members have attended additional Town meetings for various reasons that were pertinent to RTC or conservation business. In June, National Trails Day was a day to get out and clean up the Mattera Cabin yard and other members participated in the Ipswich River Cleanup collecting trash, bottles, cans and disposing of them. Participating in the Friends and Family Day also in June is a time to share what the RTC has been up to when people stop by the display table. Will Finch's turtles are always a hit and draw a crowd. (0 With all of the snow in the Winter, a few snowshoe outings were enjoyed at Bare Meadow and in the Town Forest, Woodcock (bird) walks, a few finishing touches at the Mattera Cabin, the retirement of Fran Fink, Conservation Administrator, clearing trails at Kylie Drive, a Girl Scout hike at Bare Meadow and many other fun times took place in our town. The availability of trails and woods for theWinter, Spring, Summer and Fall add to everything else Reading has to offer its residents. Thank you. Reading Trails Committee Tom Gardiner, Chairman Joan Hoyt, Secretary Dave Williams, Member Susan Giacalone, Member Alan Rosh, Member John Parsons, Associate Member Will Finch, Associate Member February 2012 P Z COMMONWEALTH OF MASSACHUSETTS Middlesex, ss: Zoning Board of Appeals NORTHEAST YOUTH BALLET, INC. MEMORANDUM IN SUPPORT OF APPLICATION FOR RELIEF AS TO 32 LOWELL STREET, READING, MA Property This application concerns property known as 32 Lowell Street. The property is situated in the S- 15 zoning district. The site includes 23,186 square feet of land and a gothic stone church. There is a 9.6 foot wide curved driveway on the property that runs under an existing overhang. There is room for three vehicles to tandem park in the driveway. The shape of the lot and building and the building design are shown on the submitted site plan and photographs. Applicant Northeast Youth Ballet Inc. is a nonprofit educational corporation. The school will educate students in classic ballet. It has been determined to be a nonprofit, 501(c)(3) tax exempt organization by the Internal Revenue Service, the Massachusetts Department of Revenue and the Massachusetts Attorney General's Office. Its Articles of Organization permit it to engage in educational activities. Because of the nature of the applicant and its intended use, it falls within the so-called Dover amendment to the Zoning Act. The Supreme Judicial Court has indicated that the term "educational use" is to be interpreted broadly. Proposal The Applicant wishes to reuse the building for a classic ballet school. The CPDC has issued site plan review approval for that reuse. This provides an excellent reuse of a building while providing cultural opportunities for residents. 1 Relief The sole issue before the Board relates to parking. The Building Inspector has determined that Section 6.1 of the Reading Zoning By-law requires that there be one parking space on the site for every 300 square feet of gross floor area in the building. If that is the case, the applicant cannot use the building for a classic ballet school without relief from this Board. Therefore, the applicant seeks the following alternative relief from the Board: A. Appeal from Determination: The applicant appeals from the Building Inspector's determination as to the current zoning parking requirement. There is no provision in the Zoning Bylaw that requires on-site parking for a church or school. The by-law is explicit in the parking standards for various uses. This is not simply a matter of determining into which category a use falls. None of the uses stated in the parking requirements in the bylaw are even close to a school use. See the parking table at Section 6.1.13. In those municipalities that have parking requirements for schools, churches or places of assembly, they expressly state in the bylaws the parking requirement for those uses. No such requirements exist in the Reading bylaw. It is inappropriate to apply the parking the requirements for a Retail Stores, Offices and Consumer Service Establishments to the use of the property for a non-profit education corporation. Nothing in the zoning by-law warrants defining a school as a "retail store, office or consumer service establishment" (which is a defined term meaning "a barber shop, beauty parlor, dry cleaning establishment, lunchroom restaurant and photographer's shop or studio"). Trying to create a parking standard when none exists is not a proper function of the executive branch of Town government. That is a function that is solely within the purview of the Town's legislative branch, Town Meeting. One cannot simply interpret zoning to apply to a situation because one wants such a requirement to apply. Such a far reaching interpretation is tantamount to a zoning change, and requires that the proper procedure be followed to so change the bylaw. B. Exemption: If the Board determines that the parking requirement for the school falls within the category of a Retail Stores, Offices and Consumer Service Establishment, then the exception in Section 6.1.1.1 must also apply. That section states that a building so used that is within 300 feet of a public off-street parking facility is exempted from the off-street parking requirement. The property abuts the municipal parking lot next to Town Hall. What is a "public off-street parking facility" is not defined in the zoning bylaw, but logic would dictate that a parking lot open to the public is such a facility. The parking lot next to the Town Hall could be found to meet that standard. 2 C. Variance: If the Board concludes that the parking requirement for Retail Stores, Offices and Consumer Service Establishments applies to a church and non-profit educational corporation and that the parking exemption in Section 6.1.1.1 does not apply, the applicant seeks zoning relief in the form of a variance from the parking requirements. The following grounds do exist for the grant of a variance: 1. There are circumstances relatine to the soil conditions, shave, or tonoRra-ohv of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district in which it is located. The existence of a church structure on a lot is an unusual feature that does not apply to the zoning district as a whole. The lot has an unusual shape, with a long, narrow point at the intersection of two streets. The structure is situated on the lot so as to preclude a useable parking lot. The grade of the lot at the rear of the church building is narrow and slopes upward to the church. The structure has an unusual shape with the overhang at the front. The site is subject to a historical preservation restriction that prohibits changes to the property. A copy of that restriction has been provided to the Board. 2. A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship. financial or otherwise. If a variance is not granted, the property cannot meet the requirement of one parking space for every 300 square feet of gross building area. There is just no area on the site to create such parking. Front Yard: The shape of the lot and the location of the building prevent parking from being placed in front of the church. Side Yard: There is inadequate room on the sides of the church to create parking there. Rear Yard: The rear yard does not have a geometric shape or the topography to function as a useable parking lot. The stair well at the rear corner of the building is only about 35 feet from the rear lot line. The rear yard slopes up to the church. The grade differential is between 4 to six feet from the lot line to the building. Trying to cut the grade down for a limited use parking area would require a significant retaining wall at the rear of the church. Once such a paved area is created, the Town will require a best management practices drainage system with a grease trap. The total cost would be prohibitively expensive (especially for a nonprofit school) and could run afoul of the historic preservation restriction. Mature shade trees would be lost in any such effort. Requiring on-site parking when none is practicable or financially feasible has the consequence of rendering the building not being practically useable. That is certainly a substantial hardship. While it would be an absurd economic waste to do so, one cannot 3 even tear down a part of the building to create parking because of the historic preservation restriction. 3. Desirable relief may be granted without substantial detriment to the public good. Granting the relief requested will not be substantially detrimental. In fact, allowing the building to be so used will result in the preservation of the character and setting of the historic structure. As is demonstrated by the traffic reports there is ample parking available to accommodate the small traffic impact from the proposed use as a classic ballet school. The historic use of the property as a church generated more traffic than the proposed use. 4. Relief may be granted without nullifying or substantially derogating from the intent or uumose of the zoning by-law. Allowing the ballet school to operate in this building will not result in any change to the appearance of the property. The actual use will be within the structure. Allowing the proposed use of the facility will be beneficial and will be consistent with the stated Purpose [Section 1.0] of the zoning bylaw, as such a cultural use will "...promote the... general welfare of the inhabitants... facilitate the adequate provisions of...schools ...encourage the most appropriate use of land... [and] ...preserve historic sites...". Allowing the use of the property without more off-street parking will not nullify or substantially derogate from the intent or purpose of the zoning by-law, which does not even mention a parking requirement for a school. The Applicant requests that the Board grant relief to allow the ballet school to use the church building. Respectfully s bmitted, O .43 ley atham 4 ZONING ZONING 40A § 3 ifg. Co. v. Board of § 2, Repealed, 1987, 685, Sec. 2 ) 86 N.E.2d 906, 324 arming cy 2; Zoning Historical and Statutory Notes St.1987, c. 685, § 2, repealing this section, The repealed section, derived from St. 1975, c. was approved .Tan. 6, 1988. 808, § 3, related to special permits for cluster . development. following mean- § 3. Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences administrator. No zoning ordinance or by-law shall regulate or restrict the use of materials, unlight. or methods of construction of structures regulated by the state building code, re, a substantial nor shall any such ordinance or by-law prohibit, unreasonably regulate or . provide for the require a special permit for the use of land for the primary purpose of ating or cooling, agriculture, horticulture, floriculture, or viticulture; nor prohibit, or unreason- ably regulate, or require a special permit for the use, expansion, or reconstruc- tion of existing structures thereon for the primary purpose of agriculture, d of selectmen, horticulture, floriculture, or viticulture, including those facilities for the sale of lministrators as produce, and wine and dairy products, provided that during the months of special permits. June, July, August, and September of every year or during the harvest season of awns to regulate the primary crop raised on land of the owner or lessee, the majority of such the independent products for sale, based on either gross sales dollars or volume, have been alth, safety and produced by the owner or lessee of the land on which the facility is located, except that all such activities may be limited to parcels of more than five acres- f appeals pursu- in area not zoned for agriculture, horticulture, floriculture, or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as one parcel. No zoning ordinance or by-law shall exempt land or .1987, c. 685, § 1. structures from flood plain or wetlands regulations established pursuant to general law. For the purpose of this section, the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said r- mit "the b granting board"; author- m nursery stock shall be considered to be produced by the owner or lessee of the tors" for "adminis- land if it is nourished, maintained and managed while on the premises. Zoning, deleted "as 1 mean" preceding No zoning ordinance orby-law shall regulate or restrict the interior area of a g iefinition of zoning single family residential building nor shall any such ordinance or by-law 11 mean" preceding 7 'prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation; provided, however, oc, § 7. 23c. i that such land or structures may be subject to reasonable regulations concern- ing the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. Lands or ` ` s tructures used, or to be used by a public service corporation may be exempteC 23.1, Constitutional in particular respects from the operation of a zoning ordinance or by-law if, 3.10, Non-conform- upon petition of the corporation, the department of telecommunications and energy shall, after notice given pursuant to section eleven and public hearing in 23.21, Special Per- the town or city, determine the exemptions required and find that the present 23.22, Variances- or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public; provided however, that if lands or 9 Greenman - Pedersen, Inc. Engineering and Construction Services REF.: MAX-2011105 February 8, 2012 Ms. Denise Cecere 13 Wicker Lane Wakefield, Massachusetts 01880 SUBJECT- Supplemental Parking Demand Evaluation Proposed Northeast School of Ballet Lowell Street- Reading, Massachusetts Dear Denise: c-e, v g /12--7 )i _~7_ Greenman-Pedersen Inc. (GPI) has prepared this letter for the re-occupancy of First Church of Christ Scientist with a proposed Northeast School of Ballet to be located at 32 Lowell Street in Reading, Massachusetts. The Northeast School of Ballet is currently located at Memorial H al I in Melrose, Massachusetts. In the Parking Demand Evaluation letter dated December 19, 2011, GPI provided a comparison of the availability of on-street parking in the vicinity of the site with the parking demand of the proposed Northeast School of Ballet, as well as a trip-generation comparison of the traffic-volume characteristics for the existing First Church of Christ Scientist with that of the proposed Northeast School of Ballet. This subsequent letter has been prepared to address comments made by Town of Reading officials at the Reading Development Review Team meeting on January 25, 2012 with respect to on-site circulation, a class schedule for the existing Northeast School of Ballet in Melrose, and a parking generati on rate based on the exi sti ng cl ass space used at the M el rose f aci I i ty. On-Site Circulation As proposed, the Northeast School of Ballet will re-occupy space within the existing First Church of Christ Scientist building. The site is bounded by Lowell Street to the north and Sanborn Street to thewest. Lowell Street is a two-way roadway that provides for both eastbound and westbound travel, and Sanborn Street provides one-way travel southbound between Lowell Street and Woburn Street. Access to the site is currently provided and is proposed to remain to be provided via a one-way circulation driveway that connects Sanborn Street and Lowel I Street. At the proposed Reading location, there will be space for approximately 5 faculty vehicles to park along the site driveway that provides one-way circulation from Sanborn Street to Lowell Street. Based on information provided by the proposed Northeast School of Ballet, there is anticipated to beapproximately 3 faculty vehicles parked in tandem (nose-to-end) along the driveway at any given time. Therefore, the avai I abl e parki ng area al ong the dri veway i s anti ci pated to accommodate the f acul ty parki ng demand of the Northeast School of Ballet. To enhance safety, it is recommended that a DO NOT ENTER sign (R5-1) be posted on the driveway facing Lowell Street to reinforce the one-way circulation from Sanborn Street 105 Central Street, Suite 4100, Stoneham, MA 02180 Tel: (781) 279-5500 Fax: (781) 279-5501 www.gpinet.com Ms. Denise Cecere February 8, 2012 Page 2 of 4 to L owel I Street. In addition, it is recommended that any plantings, vegetation, landscaping, and signing along the Lowell Street site frontage be kept low to the ground (no more than 3.0 feet above street level) or set back sufficiently from the edge of the site driveway and adjacent roadways so as not to inhibit the availablesight Iinestoensurethesafeand efficientflow of traffic. Northeast School of Ballet Class Schedules The Northeast School of Ballet is currently located at Memorial Hall in M ei rose. As described in the December 19, 2011 Parking Demand Evaluation letter, the most amount of students at the existing facility generally occurs on Tuesdays.' The number of arriving students per time period i s summari zed in Table 1. Table 1 NORTHEAST SCHOOL OF BALLET - Number of Students Number of Arriving Students Start Ti me M onday Tuesday Wednesday Thursday Fri day Saturday 9:15 AM 0 0 0 0 0 12 10:OOAM 0 0 0 0 0 10 10:15 AM 0 0 0 0 0 18 11:00AM 0 0 0 0 0 9 2:00 PM 0 6 0 0 0 0 2:45 PM 0 10 0 0 0 0 3:00 PM 0 0 0 5 4 0 3:30 PM 21 28 21 20 27 0 4:00 PM 4 0 4 0 0 0 4:30 PM 0 0 0 0 0 0 5:00 PM 18 33 18 31 0 0 6:30 PM 0 0 5 0 0 0 TOTAL 43 77 48 56 31 49 'Proposed Northeast School of Ballet Parking Demand Evaluation Letter- to Ms. Denise Cecer•e. Reading, MA. Greenman-Pedersen, Inc. December 19, 2011 LAOS Srryp/emenral Prn-kmg Demand Lever 020812.dre Ms. Denise Cecere February 8, 2012 Page 3 of 4 A copy of the current Northeast School of Bad I et cl ass schedule is attached to thi s I etter. As projected, this schedul e wi I I al so be contempt ated f or the proposed faci I i ty. I t shout d be noted that si nce each cl ass si ze i s dependent upon the i nterest and demand of the students at any gi ven ti me, the number of students and the number of classes offered could vary. Therefore, the Reading Development Review Team requested that a parking generation rate be established based on the size of the class space used at the existing Northeast School of Ballet in Mel rose and applied to the proposed class space to be used at the f aci l i ty in Readi ng. Parking Generation The space currently used by the Northeast School of Ballet at Memorial Had l in Melrose includes 3,135 square feet of cl ass space, as wel I as a recepti oni st desk and two bathrooms for dressi ng rooms. Based on the vehicular operations survey performed on Tuesday, December 13, 2011 during the weekday PM peak period (3:00 to 6:45 PM) at the existing Northeast School of Ballet for non-faculty vehi cl es, the average number of vehi cl es parked at the f aci I i ty was observed to be 7 vehi cl es and the average I ength of stay was observed to be <30 mi nutes.2 Therefore, the average peak-period parking demand was determined to be 2.23 spaces per thousand square feet of used class space (7 parked vehi cl es(3.135 thousand square feet). As proposed, the space proj ected to be used by the Northeast School of Ballet at the existi ng First Church of Chri st Sci enti st bui I di ng i n Readi ng i ncl udes 2,800 square f eet of cl ass space, as wel I as space f or bathrooms, had Iways, and stai rways. By applyi ng the rate of the average peak-peri od parki ng demand per thousand square f eet of cl ass space f rom the exi sti ng f aci I i ty i n M el rose to the cl ass space proposed to be used at the Reading facility, the proposed facility would be expected to require 6 non-faculty parking spaces (2.23 spaces per thousand square feet x 2.8 thousand square feet). Therefore, this methodology suggests that the available parking spaces observed to be provi ded along L owel I Street and along Sanborn Street (18-25 spaces)3 are anticipated to accommodate the average parking demand of the Northeast School of Bad I et during peak time periods. In summary, the parking demand observations conducted at the existing Northeast School of Ballet in Melrose and the on-street parking observations conducted in the vicinity of the site in Reading indicate that there is expected to be adequate parking available for non-faculty and faculty vehicles at the proposed Northeast School of Ballet. In addition, the parking generation rate based on the existing class space at the Melrose facility applied to the proposed class space at the Reading facility suggests that there is adequate parking available within the vicinity of the site to accommodate non-faculty and faculty vehi cl es. 21bid 31bid 11105 Snpplemenlal Parking Demand Lelrer 0 20812. doe Ms. Denise Cecere February 8, 2012 Page 4 of 4 Should you have any questions, or require additional information, please contact me at (781) 279-5500. Si ncerel y, GREENMAN - PEDERSEN, INC. Jason R. Plourde, P.E. Assi stant V ice President attachment(s) 11105 Siipplemeirlal Parking Demand Lever 020812.doc SUPPLEMENTAL PARKING DEMAND EVALUATION Northeast School of Ballet -Reading, Massachusetts ATTACHMENTS NORTHEAST SCHOOL OF BALLET CLASS SCHEDULE Northeast School of Ballet Current Schedule and Enrollment Studio Level) Age 4+5 9:00 a.m. 9:15-10:00 (12 students) Beginner Level V-VII 10:15 a.m Age 6-8 1 hr. 11:30 a.m. 10:00-11:00 (18 students) 10 students) Age 3.4 Age 9-12 Level VI-A & VII-A 45 min. 11:00-12:00 11:00-12:30 2:00 P.M. (6 students) (9 students) (18 students) [18 students] Pre-Ballet II Age 9-12 Int. 45 min. 3:00-3:30 3:00-3.30 2:45 p.m. (10 students) ( 5 students) (4 students) Level l-A Level Level I-B Level Level t-A Level Level II-B Level Level III-B Level 112 hr. IV-A & VA 1 hr. IIA & 111-A 112 hr. IV-A & V-A 1 hr. IIA & 111-A - 1.5 firs, IVA & V -A 3:30p.m. 3:30-4:00 1'.5 hrs. (13 students) 1.5 hrs. 3:30-4:00 1.5 hrs. (10 students) 1.5 hrs. (v' students) 1.5 hrs. (3 total student) (18 students) (15 students) " (3 students) (18 students) (15 students) (18 students) Level I-A Level I-B Level I-A Age 9-12 1 hr. 1/2 hr. 1 hr. 4'.30-5:00 4:00 p.m. (7 students) 4:30=5:00 (7 students) (5 students) [3 students] 13 students) [3 students] [5 students] [3 students] Level Level Level Level Level Level Level Int. VIA & VII-A I V-B & V-B VI-A & V1 [-A lV A & V-A VI-VII-A IV-B & V-B Vl-V11A 5;00-6:00 5:00 p.m. 1.5 hrs, 1.5 hrs. 1,5 hrs, 1.5 hrs. 1.5 hrs. 1.5 hrs. 1.5 Mrs. (10 students) (18 students) (15 students) (18 students) (18 students) (18 students) (13 students) (18 students) [10 students] [18 students] Boys Class Level 1 hr. VI-A & VII-A 6:30 p.m. 6:30-7:30 1.5 hrs. (5 students) (18 students) [18 students] 7.00 p.m. 8:00 p.m. Greenman - Pedersen, Inc. Engineering and Construction Services REF.: MAX-2011105 December 19, 2011 Ms. Denise Cecere 13 Wicker Lane Wakefield, Massachusetts 01880 SUBJECT: Parking Demand Evaluation Proposed Northeast School of Ballet Lowell Street -Reading, Massachusetts Dear Denise: p YCe- / 312-7 -Z_ Greenman-Pedersen Inc. (GPI) has prepared this letter for the re-occupancy of First Church of Christ Scientist with a proposed Northeast School of Ballet to be located at 32 Lowell Street in Reading, Massachusetts. The Northeast School of Ballet is currently located at Memorial H al I in Melrose, Massachusetts. The proposed site is bounded by Lowell Street to the north and Sanborn Street to thewest. Access to the site is currently provided and is proposed to remain provided via a one-way circulation driveway that connects Sanborn Street and Lowell Street. The site location in relation to the surrounding roadways is shown on the map on Figure 1. Due to the limited on-site parking available, this letter has been prepared to provide a comparison of the availability of on-street parking in the vicinity of the si to to the parking demand of the proposed Northeast School of Ballet. In addition, the letter includes a trip- generation comparison of the traffic-volume characteristics for the existing First Church of Christ Scientist to that of the proposed Northeast School of Ballet. Available Parking A parking evaluation has been conducted of the on-street parking areas along the north side of Lowell Street across from the site and along both sides of Sanborn Street between Lowell Street and Woburn Street. A parking survey was performed on Thursday, December 8, 2011 during the weekday AM peak period (9:00 to 11:45 AM) and the weekday PM peak period (3:00 to 6:45 PM). The observations were conducted i n 15-mi nute i ncrements and consi sted of noti ng the 11 cense pl ate of each vehi cl e. A I I parki ng count data are attached to this I etter. The pri mary purpose of the on-street parki ng eval uati on was to determi ne the average number of vehi cl es parked per study period (turnover) and the percentage of parking spaces used per study period (occupancy) in each of the on-street parking areas. The license plate surveys also provide the approximate length of stay (duration) for each vehicle. Table 1 summarizes the parking observations during the peak peri ods. 105 Central Street, Suite 4100, Stoneham, MA 02180 Tel: (781) 279-5500 Fax: (781) 279-5501 www.gpinet.com PARKING DEMAND EVALUATIONS IMPACT AND ACCESS STUDY Northeast School of Ballet - Reading, Massachusetts r A! =t gym---~ .9w~s» C ( N ~1y .l W"L y a a ~ F f 4 ~ ~ f Z l. ~1 VM ~ 4 1 . a - SITE 4 - 129 r Fi r • • • 00itenman-Pedersen, Inc. "Aml Engineers, Architects, Planners, Construction Engineers & Inspectors Figure 1 Site Location Map Ms. Denise Cecere December 19, 2011 Page 2 of 4 Table I ON-STREET PARKING OBSERVATIONS Average Average Location/Time Period Turnover Occupancy Length of Stay North Side of Lowell St. across from the site: Weekday AM Peak Period 0.5 8% <15 minutes Weekday PM Peak Period 0.3 2% <15 minutes Sanborn St. between Lowell St. and Woburn St.: Weekday AM Peak Period 1.0 39% <45 minutes Weekday PM Peak Period 1.4 68% <1 hour 15 minutes As shown along the Lowell Street study area, the highest turnover of parked vehicles occurred during the weekdayAM peak period (6different parked vehicles(12marked parking spaces = 0.5). During the weekday AM and weekday PM peak periods evaluated, on average, only between 2 and 8 percent of the parking spaces were used, leaving 92 to 98 percent of the parki rg spaces available (between 11- 12 spaces). The average length of stay was observed to be <15 minutes during the weekday AM and weekday PM peak periods. Along the Lowell Street study area, the highest turnover of parked vehicles occurred during the weekday PM peak period (30 different parked vehicles/22 potential parking spaces = 1.4). During the weekday AM and weekday P[`/I peak periods evaluated, on average, between 39 and 68 percent of the parking spaces were used, leaving 32 to 61 percent of the parking spaces available (between 7-13 spaces). The average I ength of stay was observed to be <45 mi nutes duri ng the weekday A M peak peri od and <1 hour and 15 mi nutes duri ng the weekday PM peak peri od. Parking Demand To determine the current parking demand for the Northeast School of Ballet, an evaluation has been conducted of vehicular operations at the existing facility in Mel rose. A vehicular operations survey was perf ormed on Tuesday, December 13, 2011 duri ng the weekday PM peak peri od (3:00 to 6:45 PM) as thi s is the day of the week and time period that coincide with the highest number of students. The observati ons were conducted i n 15-mi nute i ncrements and consi sted of noti ng the I i cense pl ate of each vehi cl e. AI I vehi cul ar operati ons data are attached, to thi s I etter. The pri mary purpose of the eval uati on of vehi cl e i nteracti on at the exi sti ng f aci I i ty was to determi ne the number of vehicles that park and/or drop off students at the Northeast School of Ballet. This information 11105 Parking Demand Letter 12191 L.doc Ms. Denise Cecere December 19, 2011 Page 3 of 4 could then be used to determine if the available parking spaces at the proposed Reading site would be abl e to accommodate the parki ng demand for the Northeast School of Bad l et. At the time of the observations, four faculty vehicles were parked at Memorial Hall for the Northeast School of Bad I et. At the proposed Readi ng I ocati on, approxi mate) y fi ve parki ng spaces wi I I be provi ded for faculty along the access roadway that provides one-way circulation between Sanborn Street and Lowell Street. In addition to vehicles parking at the Northeast School of Ballet in Melrose, observations reveaded that, on average, 4 vehicles dropped students off. Based on the observations at the existing Northeast School of Ballet for non-faculty vehicles, the average number of vehicles parked at thefacility was 7 vehi cl es and the average I ength of stay was observed to be <30 mi nutes duri ng the weekday PM peak period. Therefore, the observations indicate that the available parking spaces ad ong Lowell Street and ad ong Sanborn Street (18-25 spaces) are anti ci pated to accommodate the peak parki ng demand of the Northeast School of Ballet. Parking Demand Comparison The exi sti ng site at 32 Lowel I Street i n Readi ng i ncl udes a 6,915 square foot bui I di ng contai ni ng Fi rst Church of Christ Scientist. To determine the expected parking spaces that would be required for the existing use, standard rates contained in the Institute of Transportation Engineers (ITE) Parking Generation report were researched.' All parking-generation data are attached to this letter. Based on Land Use Code 560 (Church), the existing First Church of Christ Scientist would be anticipated to generate a peak-hour parking demand of 58 parking spaces. In comparison, the average peak-hour parking demand for the Northeast School of Ballet was observed to be 7 vehicles. Therefore, the ITE data and the observati ons i ndi sate that the proposed proj ect i s anti ci pated to generate 88 percent I ess of a peak parki ng demand than the existing use. Trip-Generation Comparison For tri p-generati on purposes, traff i c anti ci pated to be generated by the exi sti na Fi rst Church of Christ Scientist was forecast using the ITE Trip Generation report for Land Use Code 560 (Church).z All trip generation data are attached to this letter. Based on the ITE data for the existing use, the First Church of Christ Scientist would be expected to generate 81 total peak-hour trips. In comparison, the observations conducted at the N ortheast School of Bad I et i n M el rose reveal ed a total of 63 peak-hour tri ps. Therefore, the I TE data and the observati ons i ndi cafe that the proposed proj ect i s anti ci pated to generate 22 percent I ess peak-hour tri ps than the exi sti ng use. Parking Generation: an Informational Report of the Institute of Transportation Engineers. Washington, DC: Institute of Transportation Engineers, 2010. 2 Trip Generation, 8h Edition: an ITElnformational Report. Washington, DC: Institute of Transportation Engineers, 2008. 11105 Parking Demand Letter 12191 Ldoe Ms. Denise Cecere December 19, 2011 Page 4 of 4 Should you have any questions, or require additional information, pl ease contact meat (781) 279-5500. Si ncerel y, GREENMAN - PEDERSEN, INC. Jason R. Plourde, P.E. Assistant Vice President attachment(s) 11105 Parking Denrcmd Lever 121911.dnc PARKING DEMAND EVALUATION Northeast School of Ballet - Reacting, Massachusetts ATTACHMENTS PARKING COUNT DATA PARKING TURNOVER AND OCCUPANCY WORKSHEETS PARKING LENGTH OF STAY AND NUMBER OF PARKED VEHICLES WORKSHEETS PARKING-GENERATION WORKSHEET TRIP-GENERATION WORKSHEET ON-STREET PARKING COUNT DATA: LICENSE PLATE DATA WORKSHEET Lowell Street acro%from Reading Town Hall NOTE Every 15 minutes, write the last 3 digits of each license plate. DATE Thursday, 12/8/11 105 Central Sreet, 3uite4100, 8oneham, MA02180 Tel: (781) 279-5500 Fax: (781) 279-5501 www.gpinet.com Start Time Car 1 Car 2 Car 3 Car 4 Car 5 Car 6 Car 7 Car 8 Car 9 Car 10 Car 11 Car 12 ON-STREET PARKING COUNT DATA: LICENSE PLATE DATA WORKSHEET Parking Diagram Lowell Street ac rossfrom Fbading Town Hall . 2 '1 h x~ _ fi 'll ~ f~ ~w NOTE Every 15 minutes, write the last 3 digits of each license plate. DATE Thursday, 12/8/11 ` 105 Central Sreet, ajite 4100, $oneham, MA02180 Tel: (781) 279-5500 Pax: (781) 279-5501 www.gpinet.com ON-STREET PARKING COUNT DATA: LICENSE PLATE DATA WORKSHEET Parking Diagram: ' Sanborn Street between Lowell Street and Woburn Street NOTE: Every 15 minutes, write the last 3 digits of each license plate. DATE: Thursday, 12/8/11 Start Time ; Car 1 . Car 2 Car 3 Car 4 i Car 5 Car 6 Car 7 Car 8 Car 9 Car 10 ; Car 11 Car 12 Car 13 Car 14 ! Car 15 ; Car 16 ; Car 17 ; Car 18 ; Car 19 ; Car 20 ? Car 21 ; Car 22 9:00 AM ! CKO 1 R58 ? T2 9:15 AM 9:30 AM 9:45 AM 10'00 AM 10 15 AM 10:30 AM 10:45 AM ------------------1----- -----h---- -----1----- 11:00 AM 11:15 AM , 11:30 AM V R 105 Central Street, Suite 4100, Stoneham, MA 02180 Tel: (781) 279-5500 Fax: (781) 279-5501 www.gpinet.com i ON-STREET PARKING COUNT DATA: LICENSE PLATE DATA WORKSHEET Parking Diagram: Sanborn Street between Lowell Street and Woburn Street NOTE: Every 15 minutes, write the last 3 digits of each license plate. s DATE: Thursday, 12/8/11 Start Time ! Car 1 ! Car 2 1 Car 3 I Car 4 I Car 5 I Car 6 ! Car 7 Car 8 i Car 9 1 Car 10 1 Car 11 ! Car 12 i Car 13 ' Car 14 ! Car 15 Car 16 Car 17 ! Car 18 ! Car 19 ! Car 20 1 Car 21 ! Car 22 3:00 PM I NH7 ! 28C 855 H23 1 B20 5FC 8JT T27 R58 CKO BJV 916 P64 440 1 HMB M55 HN5 SEC - - i i I I 315 PM -____t____. _ t___-. i _ _ I 1 I ~ I I i I I 3:30 PM 1 ! i ~ I i = - - - r-•--- - - -t---` 7---- 3:45PM 1 i 1 I "°'F----- -----F----- -----t----- ----T----- 1 T - 1 -4- 4:00 PM - t 4:15 PM i . ! ----`----------1----- 4:30 PM K08 258 V31 - 4:45 PM 5CS 7BM 650 I - -----I---- -----------F----------. I I 500 PM 710 - -Y t - -Y--- - Y ' 5.15 PM [MR 350 733 _ i__ 5.30 PM GJ9 I 1 Y 5.45 PM I i 600 PM 1 1 6:15 PM v \ • \ + ' 6:30 PM 1 i IV" V i v I V V I V V ! 105 Central Street, Suite 4100, Stoneham, MA 02180 Tel: (781) 279-5500 Fax: (781) 279-5501 www.gpinet.com NORTHEAST SCHOOL OF BALLET PARKING COUNT DATA: LICENSE PLATE DATA WORKSHEET ; I ! Start Time j Car 1 Car 2 Car 3 Car 4 3:00 PM A B C - i 315 PM r 3:30 PM I t' 345 PM i t- 4:00 PM ; ! 4:15 PM j Car 5 Car 6 HD9 EE7 i DCV Car 7 Car 8 SMD 6VJ Memorial Hall - Melrose, MA NOTE: Every 15 minutes, write the last 3 digits of each license plate. DATE: Tuesday, 12/13/11 Car 9 ! Car 10 ZHR 445 M15 I V ' 4:30 PM XCX X84 j C12 BEF M2Z I , .._.___.f__._._. _______f------- _ i------- L 4 ; 4:45 PM I 1 - - - - 500 PM PE9 700 l SDP - 515 PM D 532 71-V 2VT D85 ' - 1------- -----Y------ ------V------ -----Y ------Y------ 5.30 PM I 6AS i I \I 5:45 PM j - 6:00 PM - Y---------------------- - 6:15 PM 4PV TES LRV B33 i 95J E9Z NC5 534 V I I V V V 3 6 3 1 0 0 0 1 105 Central Street, Suite 4100, Stoneham, MA 02180 Tel: (781) 279-5500 Fax: (781) 279-5501 www.gpinet.com i Drop Off Car 11 Car 12 Car 13 Car 14 Car 15 Car 16 j Car 17 i Pick Up ON-STREET PARKING CALCULATIONS: TURNOVER AND OCCUPANCY RATES Lowell Street across from Reading Town Hall Number of Turnover Occupancy Number of Turnover Occupancy Start Time i Parked Vehicles ; Rate ; Percentage Start Time Parked Vehicles Rate Percentage 9:OO AM :00 A ~ ' ~ ~ ' % 1 3_00 PM - - T------- - :15 AM------;- 1 I 0.1 I 9 - 8% 3:15 PM I L T I 0 -------J_ 0% - I---------------• _ --------------1_____________________J________________J--------------- 9:30 AM ' 0 0.0 0% 3:30 PM - 0.0 0% - 9:45 AM 0 0.0 0% 3:45 PM ; - 0 0.0 ° ; 0/o •----------------T---------------------7----------------,- 10:00 AM ; 0 ; 0.0 ; 0% 4:00 PM ' ' 0 1 0.0 0o° 1--------------- 10:15 AM 1_____________________J__ i 1 0.1 _J- ; 8% 4:15 PM ~ 0 0-0 o 0 T______________ -________________T_____________________7--------------- 1 10:30 AM I 1 ; 0 - I 8% - _____________T_ 4:30 PM 0 ; 0.0 I 0% . f--------------------- i---------------- i- 10:45 AM 0.1 8% -------------1-- 4:45 PM-- - 1 ; 0.1 - --8%° 11:00 AM 1 0.1 8% 5:00 PM 0 0 0 i 0% T____________ 1 11:15 AM ; 0 ; 0.0 ; 0% __T-- 5:15 PM ; _.T 0 ; - - 0.0 .Y._____ oo/O ---------------------J-- 3 * 11:30 AM 0.3 --J- ; 25 % 5:30 PM ; ; 0 0-0 % - - 11:45 AM 0 0.0 0% 5:45 PM 0 0.0 i ° 6:00 PM 1 O - Overall = 0.5 7% - - t 6_15 PM 0 - 0.0 Average = 0.1 6:30 PM 0 0.0 0% Overall = 0.3 2% Average = 0.0 105 Central Elreet, 3aite4100, 3oneham, MA02180 Tel: (781) 279-5500 Fax: (781) 279-5501 www.gpinet.o m ON-STREET PARKING CALCULATIONS: TURNOVER AND OCCUPANCY RATES Parking Diagram: " , Sanborn Street 1 between Lowell Street and Woburn Street Number of Turnover Occupancy Number of Turnover 1 Occupancy Start Time me Parked Vehicles Rate Percentage Start Time Parked Vehicles Rate Percentage 9:00 AM 6 L 0.3 L 27% 3:00 PM i 18 0.8 1 82% 9:15 AM 1 6 , T_-_------ _ - 0 3 27% •-------------i-------- 1- 3:15 PM 18 0.8 - - 82% 9:30 AM r -r_ ~ 18% .----________T_------- 3:30 PM 1 18 ; 0.8 - 1 82% 9:45 AM ; 6 ; 0.3 ; 27% 3:45 PM ; 18 ; 0.8 ; 82% 1 0:00 AM - ; 8 ~ --T_----------_--_----__r__- 0.4 r 36/° ° ; - 17 4:00 PM 0.8 -t- 77% 0: 1 5 AM 7 , - 0.3 ; 32% 4:15 PM ; 14 ; 0.6 -T 64% - 10:30 AM 7 r------------------------ - 0.3 - 32% - - 4_30 PM 17 i 0.8 - - i 77% AM 1 9 1 ~ 0.4 ; 41% 4:45 PM 1 16 1 0.7 1 73% ----------------------f--- 11:00 AM 12 h-------------- 0.5 ; 55% ------------~r------------------- 5:00 PM ; 16 ; 0.7 - f--------------- ; 73% 11:15 AM ; - 13 * 0.6 59% 5:15 PM 14 -----0 6 ----64/- ° 1130 AM 13 ; 1--------- --____-__---L-__ 0.6 - - 5:30 PM ; 15 ; 1 1 ° 1 11:45 AM 13 0.6 j 59% 5:45 PM 13 0.6 _ - 59% 6:00 PM 12 0.5 55% Overall = 1.0 39% .--_____________t-- 6:15 PM 1 11 ; 0.5 _r- 1 _ 50% Average = 0.4 -------------------f-------------- 6:30 PM 8 ; 0.4 -f--------------- ; 36% Overall = 1.4 68% Average = 0.7 - 105 Central Greet, Suite4100, 3oneham, MA02180 Tel-.(781)279-5500 Fax-.(781)279-5501 www,gpinet.com LENGTH OF STAY AND NUMBER OF PARKED VEHICLES WORKSHEET Location: Project: Job Length of Stay s15 min 30 min 45 min 1 hour 1 hr 15 min 1 hr 30 min 1 hr 45 min 2 hours 2 hr 15 min 2 hr 30 min 2 hr 45 min ?3 hours Total: Reading, Massachusetts Proposed Northeast School of Ballet MAX-2011105 Sanborn Street between Lowell Street and Woburn Street Weekday AM Peak Period Weekday PM Peak Period Num. Cum. % Length of Stay Num. Cum. % 1 1 5% <_15 min 2 2 7% 9 10 48% 30 min 3 5 17% 2 12 57% 45 min 3 8 27% 3 15 71% 1 hour 3 11 37% 1 16 76% 1 hr 15 min 4 15 50% 16 76% 1 hr 30 min 1 16 53% 1 17 81% 1 hr 45 min 3 19 63% 17 81% 2 hours 2 21 70%0 1 18 86% 2 hr 15 min 21 70% 18 86% 2 hr 30 min 21 70% 18 86% 2 hr 45 min 21 70% 3 21 100% >3 hours 9 30 100% 21 Total: 30 Weekday AM = 9-11:45 AM Weekday PM = 3-6:30 PM Number of Weekday AM Peak Period Number of Weekday PM Peak Period Parked Vehicles Num. Cum. % Parked Vehicles Num. Cum. % 1 0 0% 1 0 0% 2 0 0% 2 0 0% 3 0 0% 3 0 0% 4 1 1 9% 4 0 0% 5 1 9% 5 0 0% 6 3 4 36% 6 0 0% 7 2 6 55% I 7 0 0% 8 1 7 64% 8 1 1 7% 9 1 8 73% 9 1 7% 10 8 73% 10 1 7% 11 8 73% 11 1 2 13% 12 1 9 82% 12 1 3 20% 13 2 11 100% 13 1 4 27% 14 11 100% 14 2 6 40% 15 11 100% 15 1 7 47% 16 11 100% 16 2 9 60% 17 11 100% 17 2 11 73% 18 11 100% 18 4 15 100% 19 11 100% 19 15 100% 20 11 100% 20 15 100% 21 11 100% 21 15 100% 22 11 100% 22 15 100% 23 11 100% 23 15 100% 24 11 100% 24 15 100% 25 11 100% 25 15 100% 26 11 100% 26 15 100% 27 11 100% 27 15 100% 28 11 100% 28 15 100% 29 11 100% 29 15 100% 30 11 100% 30 15 100% Total 11 Total: 15 Parking Observation Worksheet.xls LENGTH OF STAY AND NUMBER OF PARKED VEHICLES WORKSHEET Location: Project: Job Reading, Massachusetts Proposed Northeast School of Ballet MAX-2011105 Lowell Street between Sanborn Street and Salem Street Length of Stay <_15 min 30 min 45 min 1 hour 1 hr 15 min 1 hr 30 min 1 hr 45 min >_2 hours Weekday AM Peak Period Num. Cum. % 4 4 67% 1 5 83% 5 83% 1 6 100% 6 100% 6 100% 6 100% 6 100% Total: 6 Weekday AM= 9-11:45 AM Weekday PM = 3-6:30 PM Number of Weekday AM Peak Period Parked Vehicles Num. Cum. % 1 ( 5 5 71% 2 1 6 86% 3 1 7 100% 4 7 100% 5 7 100% 6 7 100% 7 ( 7 100% 8 7 100% 9 7 100% 10 7 100% Total: I 7 Weekday PM Peak Period Length of Stay Num. Cum. % :515 min 3 3 100% 30 min 3 100% 45 min 3 100% 1 hour 3 100% 1 hr 15 min 3 100% 1 hr 30 min 3 100% 1 hr 45 min 3 100% >_2 hours 3 100% Total: ' 3 Number of Weekday PM P Parked Vehicles Num. Cum 1 3 3 2 3 3 3 4 3 5 3 6 3 7 3 8 3 9 3 10 3 Total 3 eak Period 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Parking Observation Worksheet.xis LENGTH OF STAY AND NUMBER OF PARKED VEHICLES WORKSHEET Location Project: Job Melrose, Massachusetts Proposed Northeast School of Ballet MAX-2011105 Memorial Hall - Non-Faculty Parking Length of Stay <_15 min 30 min 45 min 1 hour 1 hr 15 min 1 hr 30 min 1 hr 45 min 2 hours 2 hr 15 min 2 hr 30 min 2 hr 45 min >_3 hours Total: Weekday PM Peak Period Num. Cum. % 17 17 44% 4 21 54% 8 29 74% 4 33 85% 33 85% 2 35 90% 35 90% 1 36 92% 36 92% 1 37 95% 37 95% 2 39 100% 39 Weekday PM = 3-6:30 PM Number of Drop-Off Vehicles 0 1 2 3 4 5 6 7 8 9 10 Total: Weekday PM Peak Period Num. Cum. % 4 4 29% 4 8 57% 8 57% 3 11 79% 1 12 86% 1 13 93% 1 14 100% 14 100% 14 100% 14 100% 14 100% 1 14 Number of Weekday PM Peak Period Parked Vehicles Num. Cum. % 1 1 0 0% 2 I 0 0% 3 4 4 29% 4 4 29% 5 4 29% 6 2 6 43% 7 1 7 50% 8 2 9 64% 9 9 64% 10 1 10 71% 11 2 12 86% 12 2 14 100% 13 14 100% 14 14 100% 15 ( 14 100% 16 14 100% 17 14 100% 18 14 100% 19 14 100% 20 14 100% 21 14 100% 22 14 100% 23 14 100% 24 14 100% 25 14 100% 26 14 100% 27 14 100% 28 14 100% 29 14 100% 30 14 100% Total 14 Parking Observation WorksheetAs Land Use: 566 Church Average Peak Period Parking Demand vs. 1,000 sq. ft. GFA On a: Sunday Statistic Peak Period Number of Study Sites Average Size of Study Sites Average Peak Period Parking Demand Standard Deviation Coefficient of Variation Range 85th Percentile 33rd Percentile N 350 300 v 250 > 200 150 a 100 1 50 1 IL 0 . 0 Peed( Period Dej,,a- tod 9:00 a.m.-1:00 p.m,;, 7:00-8:0-0 p,m. 12 13,200 sq. ft. GFA 8.37 vehicles per 1,000 sq. ft. GFA 5.63 67% 1.82-16.94 vehicles per 1,000 sq< ft. GFA i 14.38 vehicles per 1,000 sq.. ft. GFA i 3.88 vehicles per 1,000 sq. ft. GFA Sunday Peak Period Parking Demand 0 10 20 x = 1,000 sq, ft. GFA • Actual Data Points a I 30 40 Institute of Transportation Engineers >4 [ 259 ~ Parkin{ Generation, 4th Edjiion Institute of Transportation Engineers (ITE) Land Use Code (LUC) 560 - Church Average Vehicle Trips Ends vs: 1,000 Sq. Feet Gross Floor Area Independent Variable (X): 6.915 SUNDAY DAILY T = 36.63 * (X) T=36.63* 7 T = 253.30 T = 253 vehicle trips with 50% ( 127 vph) entering and 50% ( 126 vph) exiting. SUNDAY MIDDAY PEAK HOUR OF GENERATOR T = 11.76 * (X) T= 11.76 * 6.915 T= 81.32 T= 81 vehicle trips with 50% ( 41 vph) entering and 50% ( 40 vph) exiting. Greenman-Pedersen, Inc. ITE LUC 560 - 6915 sf.xls