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HomeMy WebLinkAbout2013-01-14 Community Planning and Development Commission MinutesTown of Reading 16 Lowell Street Reading, MA 01867 -2683 Phone: 781- 942 -6612 Fax: 781- 942 -9071 Email: jdelios @ci.reading.ma.us Community Planning and Development Commission CPDC MINUTES Meeting Dated January 14, 2013 Location: Selectmen's Meeting Room Time: 7:30 PM CPDC Members Present: Charlie Adams, Chair; John Weston, Nicholas Safma, David Tuttle, and Jeff Hansen Also Present: Jean Delios Town Planner /Community Services Director and Jessie Wilson, Staff Planner and Recording Secretary Others Present: Megan Young - Tafoya, EDC Member, Reading Resident Angela Binda, Orchard Park Drive Rick Schubert, Winthrop Ave Marleen Wolf, West Street Rich O'Connell, RJO' Connell & Associates Tony D'Arezzo, John Street Bruce Gingrich, Bruce Gingrich Designs Peter Hechenbleikner, Town Manager Bob Connors, Howard Street Bridget Souza, Allen & Major Associates Timothy Williams, Allen & Major Associates Peter Daus - Haberle, Daus - Haberle Design Donna O'Brien, 95 Main Street There being a quorum the Chair called the meeting to order at 7:31 PM. St. Athanasius Parish, 312 Haverhill Street — Continuation of the Public Hearin Ms. Delios reminded the CPDC and public that the CPDC reviewed the project at the previous meeting in December. There were a few outstanding items related to engineering. Ms. Bridget Souza, with Allen & Major Associates, verified that the Town Engineer had some concerns about drainage and that the CPDC wanted a memo from the Town Engineer regarding the revised plans. He sent a memo last week with some conditions to include into the Site Plan Review decision including more detail on the new driveway. In addition, the Town Engineer indicated they will need approval for the curb cuts from the Board of Selectmen (BOS), which we hope to move forward with after this meeting. Mr. Tuttle told the CPDC he drove by the site and the proposed plan seems to work well. Mr. Weston agreed with Ms. Souza, recalling that there was a short turnaround time for the Town Engineer to review the revised plans. There was some question regarding the stormwater calculations and the CPDC continued the meeting to make sure engineering approved the revised plans. Page 1 of 9 CPDC Minutes of 1/14/2013 The CPDC reviewed the draft decision. Ms. Souza indicated they are okay with the draft decision and do not have any changes. Mr. Tuttle moved the CPDC to close the Public Hearing for the Site Plan Review of 312 Haverhill Street. Mr. Weston seconded and the motion carried 5 -0 -0. Mr. Tuttle moved the CPDC approve the draft decision for Site Plan Review of 312 Haverhill Street as presented. Mr. Weston seconded and the motion carried 5 -0 -0. Planning Updates Ms. Delios provided some Planning Updates since the CPDC was ahead of schedule. The Zoning Amendments approved by Town Meeting are under review by the Attorney General's Office. Due to a procedural issue, we had to repost the notices in the paper and at Town Hall. The notices did not go out to the Department of Housing and Community Development (DHCD), adjacent communities and the regional planning agency as required. We are submitting for the waiver which we should receive after the new notice period ends. The zoning amendment for signage is on the warrant for Town Meeting which is two weeks. The amendment is sponsored by the BOS, however the CPDC is required to hold the pubic hearing and provide recommendation as well as a report to Town Meeting. If there are any changes recommended by the CPDC, then that will be presented at Town Meeting and will be coordinated with Town Moderator. The zoning map will be presented at Annual Town Meeting. We are working with engineering for this article. Mr. Safina asked if the map was getting more detailed so that the lines are better defined. Ms. Delios replied that the article will bring the map up to date and reflect changes that were made /approved by Town Meeting and not incorporated into the paper map. Mr. Hechenbleikner, the Town Manager also indicated that the GIS mapping provides the ability to drill down into more detail. He also reminded the CPDC that Town Meeting has to formally adopt a paper map, which will then be adopted into the GIS system. Ms. Delios said that the CPDC will hold the public hearing and send out the notifications. Engineering will be involved and she will check in with them to see where they stand. Mr. Hechenbleikner reminded the CPDC that the warrant closes Feb 26th We have also been working on zoning enforcement with signage. Ms. Delios told the CPDC that in 2010 the Town completed a review of all signs to determine which signs were not in compliance. We have experience some progress, most notably with 95 Main Street. However, we have been challenged by our enforcement of the Fantasia Building on the basis of non - conforming. The sunset provision required that compliance must be done by July 1, 2010. Town Counsel provided a legal opinion that was presented to the BOS stating that these signs are protected as a pre- existing non - conforming signs. The signs also benefit from the non - conforming provisions when a new business comes in and desires to put in a new face. For example, if a business left the Fantasia building, the installation of a new face on the sign for an incoming business would not take away the signs protection under non - conforming. Mr. Safina questioned the Attorney General's approval of the by -law change back in 1993. Ms. Delios replied that there had been some case law since that. Mr. Hechenbleikner also replied that in 1996, there was a case in Danvers that confirmed if a sign had a building permit, and, if the business changed, that existing sign was protected under non - conforming. Much of this relies on whether the sign has a building permit. If Page 2 of 9 CPDC Minutes of 1/14/2013 no, then we may be able to ask them to remove the sign. However, we have made some progress, as part of the victuallers licensing. We asked businesses to come into compliance with signage as part of their licensing renewals. For example, Anthony's Roast Beef, we gave 90 -days to come into compliance. Mr. Hechenbleikner believes that quality of signage in the community has greatly improved over the past few years. Ms. Delios said it has been very helpful to have our back -up Building Inspector help with these compliance efforts. Mr. Weston asked if a free - standing sign has been on site for 30 years or even more, would it be tied to the use. He cited the example of defunct sign at the former Exxon Station on Walkers Brook Drive. The free - standing sign was wrapped in tarp and on the property for a long time. Eventually it was taken down, but the pole was left standing. He recalled the attorney for the site stating they wanted to keep the post there for some future rights with that post. Mr. Hechenbleikner replied that situations like that may have to be reviewed by Town Counsel on an individual basis. We did have two defunct signs removed in the past month - the corner of Green and High and Perfecto's. The work on the MF Charles Building has begun. They are starting with the exploratory demolition. Bunratty Tavern received their alcohol license and they hope to be open in May. The building still needs a lot of work and the owner needs to deliver the "vanilla box ", so May is tight. Orange Leaf is still planning on coming to that location as well. The Housing Plan was reviewed by the BOS and they had some minor comments, mostly related to the executive summary. It was recommended that we clearly state what the Town has accomplished upfront in the executive summary. We have made those changes and the BOS will review the plan on February 12t ". We are working with MAPC on a DLTA Grant which is evaluating the feasibility for a Regional Housing Services Coordinator. This position would monitor various housing items for each town that participates. It would be helpful for this person to be involved in the lottery processes for our projects, especially since DHCD has more stringent requirements for local preference. In past years, we have been allowed a 70% local preference; however, in the recent lottery DHCD is only permitting 50% local preference. Mr. Hechenbleikner added that this position would help with Site Plan Review and the requirements that get included in those decisions related to affordable housing. Portland Pie has submitted their Site Plan Review Application and it will be on the agenda for February 11'". Snap Fitness is also moving forward since they have received their early opening approval from the BOS. We are also waiting on a revised plan for the proposed 40B project on north Main Street. Planet Fitness is moving along with construction and we had a visit last week for their pre -sales operation. The challenge is how to have this work while having on -going construction. The Building Inspector was at the site visit and we preliminarily approved a plan for the pre -sale area. We have another meeting this week to go over the details and finalize the plan. Mr. Hechenbleikner added that they will be before the BOS for their early opening in February. Ms. Delios also told the CPDC that the sign which was installed is different than what the CPDC approved. The CPDC approved the free- standing face with a purple background and yellow letters, and it was installed with a white background and black letters. The CPDC viewed photos of the installed sign and the CPDC agreed that it looked nice and the Staff Planner will put a note in the file. Page 3 of 9 CPDC Minutes of 1/14/2013 Approval of Minutes Mr. Tuttle moved the CPDC to approve the minutes of November 26, 2012 as amended. Mr. Weston seconded and the motion carried 5 -0 -0. Ms. Meghan Young - Tafoya, member of the Economic Development Committee (EDC) asked the CPDC if they would ever consider amending the sign by -laws for Business A. In addition, she questioned the window sign regulations and whether the CPDC would consider any changes to those regulations as well. Mr. Adams replied that they have had some discussions about it, but have not formally decided to take it on at this point. Mr. Weston agreed, noting that they would like to give the last change some time to work and not confuse business owners with changing it again. Mr. Hechenbleikner said that the sign regulations could be simplified and would benefit from using graphics and examples. Mr. Weston would be in favor of doing a complete overhaul of the sign by -law, but making edits throughout the sign by- law can make it more confusing. Ms. Young - Tafoya asked if the CPDC would consider extending A- Frame signage to Business A. Mr. Tuttle replied that it would be better for the signage regulations to come out of the zoning by -law and be placed into the general by -laws, but there is no plan to address it at this time. O'Brien Building, 95 Main Street — Site Plan Review Public Hearing Mr. Hansen read the legal notice and Mr. Adams summarized the process for the public hearing. Ms. Delios introduced the project and proposed improvements. The building was recently sold and the new owners are proposing changes to the exterior of the building. The wall signs will be removed and a new fagade will be constructed. Mr. Peter Daus - Haberle, Project Designer provided samples of the fagade materials that also illustrate the proposed color. The idea is to change the appearance of the building to a more colonial federalist look, which is more in line with the buildings in town. The focus is on the north and west facades as those are visible from Main Street. The east and south facades will only be repainted. The roof will and windows will be replaced and an overhang will be added to the entry on the west side and a two story entryway will be added to give the building more presence. The two story entry will be sandstone and brick with traditional mortar. The existing vinyl siding will be replaced with hardi -plank and azek trim. Both will be painted. A sample of the paint and material is provided to the CPDC. The shutters will be more of a dark green, rather than what was shown on the rendering. Mr. Tuttle asked about the roof. Mr. Daus - Haberle replied that the goal was to give the building a colonial look and the existing flat roof is very modern. They will be replacing it with a new pitched roof. The building is laid out in two sections and the section closest to Main Street will be 32" lower than the section at the rear. Mr. Adams liked the proposed colors but expressed concern over the sandstone. It may appear to busy. Mr. Daus - Haberle replied that they drew inspiration from another building and provided the CPDC with photos of that building. Mr. Weston asked if the wall pack lighting at the rear of the building was to remain on at all times. Mr. Daus - Haberle replied that it is for emergencies only. Ms. Safina noted that the door nearest Main Street was only 6' -6" and it will need to be a minimum of 6' -8" to serve as an egress door. Mr. Daus - Haberle replied that there are challenges at that door, but they will look into it. The CPDC discussed the cost of the building in regards to ADA compliance. Mr. Safina stated that if the cost of the building exceeds 30% of the building value, they would need to provide an elevator. Mr. Safina asked if the gutters will Page 4 of 9 CPDC Minutes of 1/14/2013 tie back into the internal drains that are existing. Mr. Daus - Haberle confirmed that the gutters will be tied to a downspout that will then go back into the building which drains to the stormdrain. They wanted to minimize the impact to sotrmwater, so they are maintaining as much of the drainage pattern as possible. Mr. George Zambouras, Town Engineer asked where the drains lead to. Mr. Daus - Haberle replied they drain to a leaching basin in the parking lot. Mr. Adams asked about the parking lot. Mr. Daus - Haberle summarized the changes to the parking lot. The existing angled spaces on the northern side of the lot will be changed to be perpendicular. This will provide more space within the drive aisle and allow for better traffic flow. The number of spaces will be reduced from 35 to 29, but will still exceed the number required (22). Mr. Zambouras asked about deliveries. Ms. Donna O'Brien, owner of the building, replied that they expect minimal deliveries and only anticipated UPS a few times a week. Mr. Zambouras suggested placing the loading space adjacent to the angled spaces nearest to Main Street. They could hatch the space and identify it as the loading space. Mr. Weston agreed, and would prefer to do that rather than grant a waiver for a loading space. Mr. Daus - Haberle told the CPDC they are still evaluating options for additional pervious areas. They may add a landscaped island at the northwest edge of the parking row. Ms. Delios said it would be good to have a final landscape plan which identifies the final pervious areas. Mr. Adams asked if they considered a shared parking arrangement with Sam's Bistro. Ms. O'Brien replied that they were advised not to do so by their insurance agent. Mr. Adams noted the CPDC encourages shared parking and would like to know what problems arise from the Applicant's point of view. Mr. Adams welcomed comments from the public. No comments were received. Mr. Tuttle moved the CPDC to close the Public Hearing for the Site Plan Review of the O'Brien Building at 95 Main Street. Mr. Weston seconded and the motion carried 5 -0 -0. The CPDC reviewed the draft decision. It was recommended to add a condition for a final landscape plan identifying the pervious areas, a final parking plan identifying the loading space, and a photometric plan. Mr. Tuttle moved the CPDC approve the draft decision for Site Plan Review of the O'Brien Building at 95 Main Street as amended. Mr. Weston seconded and the motion carried 5 -0 -0. Zonin$ Amendment, Electronic Billboards — Public Hearin Mr. Hansen read the public hearing notice and Mr. Adams summarized the process for the public hearing. Mr. Hechenbleikner provided the Warrant Report to the CPDC and a copy of the power point presentation. He also provided a copy of the state regulations related to outdoor advertising. In 2010 the finance committee convened at a forum to discuss ways to generate revenue and one such way was to host a billboard. The proposed amendment to the zoning by -law is within Section 6.2.2 signs. Currently, the by -laws permits off - premises signs or billboards in Business A districts in Reading. The amendment proposes to allow electronic billboards since they were recently permitted by the state. There are a few currently on display as part of the pilot program managed by the state. One of the benefits include a hosting fee which the Town would receive. In addition, three existing billboards in Town would be removed as early as 2018. The existing billboards are located near residential districts on north main, one near the North Reading line and one is on adjacent to Kurchian Woods conservation area. The State Page 5 of 9 CPDC Minutes of 1/14/2013 Office of Outdoor Advertising regulates these types of signs. In Reading, there is only one area that meets the criteria set by the state, and that is in the Business A district located near West Street and I -93. The property is currently developed as a Mobil Gas station that has a drive thru Dunkin Donuts and Mini Mart. Mr. Hechenbleikner provided a schematic of where the billboard would be located on the site and also depicts the required angle separation of 30- degrees. The schematic does not identify the exact location of where the sign would be installed, however it there is a 20 -foot setback requirement from abutting properties and can be no closer than 25 -feet from the state highway layout. The zoning amendment proposes to modify the definition of Off - Premises Sign to include electronic billboards. In addition, it eliminates the time restriction for illumination, allows illumination as it relates to Off - Premises Signs, modifies provision of prohibited signs as it relates to Off - Premises Signs and extends the time allowed for the removal of three existing billboards to 5 years. Mr. Hechenbleikner added that the changes are very similar to the existing regulations, but adds the flexibility to the amortization of the existing billboards. If this is approved by Town Meeting, the AG's Office would be reviewing it the same time Clear Channel will submit an application for the signage. It was clarified that Clear Channel would have a lease with the Mobil site which would be contingent upon local and state approvals. Mr. Hechenbleikner also noted that the Town would be entitled to the hosting fee which can range from $25K to $50K a year. Mr. Adams said that non - electronic billboards are allowed now and asked why Clear Channel has not approached the Town with this opportunity in the past. Mr. Hechenbleikner said that Clear Channel does own the other signs in Town and they would be required to remove them upon approval of the billboard at West Street and I -93. Mr. Weston pointed out that other advertising companies essentially are precluded from this opportunity because the condition to remove three other signs in town. He also asked if we would be able to require the sign be turned off if Clear Channel does not remove the existing billboard within the required timeframe. Mr. Hechenbleikner replied yes, and that the town would have a contract with Clear Channel in addition to the Special Permit. He also noted that amendment needs to come now as applications to the state are due by May. Mr. Safina questioned the brightness of the sign, recalling that the sign in Medford is very bright. Mr. Weston also noted that the NTSB is still concerned that these signs may cause a safety hazard. The I- 93/I -95 interchange is the most heavily traveled interchange in the state and the most dangerous. He is concerned that this may only add to the safety issues. Mr. Safina also added that the neighbors in Stoneham were not happy with the BJ's sign. Mr. Weston asked if this would be subject to Site Plan Review. Mr. Hechenbleikner assumed it would require review since it is a structure, but that ZBA is the Special Permit Granting Authority. Mr. Safina felt that it would only be subject to Site Plan Review if it would disrupt parking spaces. The CPDC asked why there was no separate definition proposed for electronic sign, and questioned the change to paragraph "d ". Mr. Delios replied that adding in a definition for electronic sign could pose other problems within the by -law. It was recommended that the change to paragraph "d" be eliminated. The CPDC continued to discuss the proposed zoning amendment and asked if the zoning should reference the state regulations. Ms. Delios replied that they have been advised in the past by Town Counsel not to reference a document within the zoning by -laws. Page 6 of 9 CPDC Minutes of 1/14/2013 Ms. Marleen Wolf, owner of the Mobil site, indicated she has had a conversation with Clear Channel in the past, but nothing ever moved forward. One of her concerns is the light that the sign will emit. She also noted that Woburn could also be considering allowing electronic billboards, and if so, could be near this area. Mr. Hechenbleikner added that the state requires the property to be commercial or industrial zoned. Mr. Bob Connors, resident on Howard Street expressed concern about the light. He also felt that a $30K is not worth the impact to the residents. He recommended that Clear Channel remove the other signs first before allowing them to install a new billboard. Mr. Rick Schubert, resident of Winthrop Ave and Selectman for Reading reviewed the proposed zoning amendment last week. He noted his comments tonight do not represent the Board of Selectmen. Mr. Schubert expressed concern with the urgency and is concerned about the public process. Town Meeting is in two weeks and he wanted to know if the abutters have been notified. Ms. Delios replied that notification was done in accordance with the requirements under Chapter 40A. The Town notified the abutting Towns, the regional planning agency, DHCD and was noticed twice in the paper. Mr. Schubert added that notification for this is very important because a 95 -foot structure could really impact the neighborhood and also impact home values. He provided a photo of the sign in Medford and told the CPDC that Reading is not like Medford or Somerville and that the true impact needs to be evaluated and that the Town should take the time to really assess the full impact of these signs. Ms. Young - Tafoya, member of the EDC, also expressed concern for the amendment. She cited the example of Jordan's, stating that many residents were severely impacted by the signage there. She questioned whether the revenue would outweigh the impacts. She also asked the CPDC if they could support this amendment, as they have worked very hard on dark skies initiatives. Ms. Angela Binda, resident of Orchard Park Drive and Town Meeting Member felt that the amendment does not fit with the past actions of the CPDC. She also agreed with Mr. Tuttle asking why electronic sign was not defined separately, noting that the changes are confusing. Mr. Tuttle replied that the CPDC could try and make the definition perfect, but that the ZBA would be the gatekeepers of the permit in the end. Mr. Weston added that since it is a Special Permit, they can outright deny it. Mr. Adams asked about the timeframe and whether they can make any changes. Mr. Hechenbleikner replied that they can make suggestions and changes which could be voted on as part of the main motion. Mr. Schubert reminded the CPDC that the BOS is the proponent of the amendment and their next meetings are strictly on the budget. Mr. Adams responded that they need to decide as a Board if they support if and how they would change it. Ms. Delios told the CPDC they could continue to the 24th. The CPDC is required to give a report and recommendation at Town Meeting. Mr. Adams questioned the change from 3 years to 5 -years for requiring the other billboards to come down. Mr. Hechenbleikner replied that it gives the Town additional negotiating powers with Clear Channel. It does not necessarily have to be five years — the contract that is established may say a lesser time, but increasing it to 5 -years does give the Town more room to negotiate other terms. The CPDC agreed to continue the public hearing and work on additional revisions to the proposed language. Page 7 of 9 CPDC Minutes of 1/14/2013 Mr. Tuttle moved the CPDC to continue the Public Hearing for the proposed Zoning Amendment for Signs to January 24, 2013 at 7:45PM. Mr. Safina seconded and the motion carried 5 -0 -0. Perfecto's Caffe, 285 Main Street — Minor Modification Request Ms. Delios told the CPDC that the applicant for Perfecto's Caffe has returned to the CPDC to seek a minor modification to their approved Site Plan Review Decision. This project has been on -going and if you recall, this is the former "Tux Shop ". Mr. Rich O'Connell with RJO'Connell & Associates presented the proposed changs. The approved parking layout was problematic and did not allow for easy circulation. As such, a solution has been created to allow for a more traditional parking layout and will require the acquisition of a 6 -foot strip of land along the southern side of the site and some additional land at the rear of the site. eCars will be working with the property owner on the sale of this lane. This strip of land will allow more space for the parking, however will require a small retaining wall on the eCars property. The dumpster has been relocated to the area with extra land will be acquired at the rear of the site. The plan also proposes a new free - standing sign, new roof plan and new mechanical pad for the proposed refrigeration units. Based on comments with the Conservation Commission, the plan has "beefed" up the wetland planting area and additional bank restoration is proposed. The new parking layout now allows cars to pull in and back out from a parallel space as opposed to the previous plan which called for angled spaces. There are no changes to the drainage and there is no net change in impervious area. Ms. Delios told the CPDC she requested samples of the proposed fagade as there was a question regarding color. Mr. O'Connell provided a color swatch to the CPDC. There was also a question as to whether the new sign would use the existing base or will be on a new base. Mr. O'Connell replied that it would be on a new base and will not be located in the state highway layout. The top portion of the sign will hang over the two parking spaces and be located in the grass strip. Mr. Weston said the sign will be about 14 -feet high. Mr. Safina expressed concern that the sign may get hit by large vehicles. He also reminded the CPDC that the entrance and exit signs are not allowed to say "Perfecto's ". Ms. Delios told the CPDC that she requested a Master Signage Plan, which will ensure compliance with the zoning. Currently, as shown on the plans, the entrance and exit signs do not conform to the size requirements. Mr. Adams asked if the refrigeration unit will be screened. Mr. O'Connell responded that there will be evergreens planted to screen the view to the north. Mr. Adams asked if a fence could be provided so that the view from Main Street is screened. Mr. O'Connell said that could be done. The CPDC also discussed lighting on -site and Mr. Weston asked about the proposed light on eCars property. Mr. O'Connell replied that eCars has provided a letter that they approve the plan. Mr. Tuttle felt that it is against zoning to have that light on eCars property since we have a zero lumen output onto adjacent properties and believe they should move the pole. Mr. O'Connell told the CPDC that they are required to submit a photometric plan. The CPDC discussed whether they would need an easement for the pole. Mr. O'Connell said he would look into the feasibility of moving the pole back onto Perfecto's property. The CPDC also discussed the ANR plan and whether that constitutes site control. Mr. Weston felt that is does not mean they have site control; it just subdivides the property and allows it to be sold. They will need some documentation that says they own that piece of land. Mr. Delios told the CPDC she will ask for that documentation and reminded them that a plot plan showing ownership will be required for the building permit. Page 8 of 9 CPDC Minutes of 1/14/2013 The CPDC reviewed the draft decision and suggested to add in fencing for the refrigeration unit to be approved by Town Planner, include a requirement to eliminate "Perfecto's" from the entrance /exit sign, and include the paint swatch information to the building facade condition. Mr. Tuttle moved the CPDC determine the proposed changes to the approved Site Plan for 285 Main Street, Perfecto's constitute a Minor Modification. Mr. Hansen seconded and the motion carried 5 -0 -0. Mr. Tuttle moved the CPDC approve the Minor Modification Approval for 285 Main Street, Perfecto's, as amended. Mr. Hansen seconded and the motion carried 5 -0 -0. Mr. Adams tabled the approval of the December 10, 2012 minutes to January 24, 2013. Adiournment On a motion by Mr. Tuttle, seconded by Mr. Safina, the CPDC voted to adjourn at 11:57 PM by a vote of 5 -0 -0. Respectfully Submitted, Jessie Wilson Recording Secretary Page 9 of 9