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HomeMy WebLinkAbout2013-01-24 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 24, 2013 Location: Selectmen's Meeting Room Time: 7:30 PM CPDC Members Present: Charlie Adams, Chair; John Weston, Nicholas Safina, 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 Scott Chasman, Bristol Drive, Easton MA Frank Massiglia, Pine Ridge Road Charles Dady, Border Road Paul Dady, Border Road Lori Vinciguerra, Pine Ridge Road Ralph L. Vinciguerra, Pine Ridge Road Lee Josephson, Oak Street Delora Josephson, Oak Street Marianne Downing, Heather Drive Demetra Tseckares, Oak Street Stephen Crook, Pleasant Street Bill McIsaac, Whitehall Street Steven Zessis, Sherwood Road Lis Rogers, Colbern Road Keri Fox, Avalon Road Mary Ann Sweetser, West Street Bill Rodriguez, Avalon Road Bo Garrison, Jadem Terrace Michelle Ferullo, Howard Street Ben Tafoya, Oak Street Robert Russo, Oliver Street Lucretia Zerfas, Avalon Road Tom Zerfas, Avalon Road Brenda Molly, James Road Christine Donney, Avalon Road Rick Schubert, Winthrop Ave Theresa Petrillo, South Street Lisa Egan, Oak Ridge Road Scott Hardin, Avalon Road Marleen Wolfe, West Street Page 1 of 9 CPDC Minutes of 1/24/2013 Kathleen Moalton, Louaris Drive Joseph Dwyer, Howard Street Maria Higgins, Avalon Road Bob Weggel, South Street Diane Weggel, South Street Carolyn Whiting, Chestnut Road Amy Gorman, James Road PJ Casarano, Sherwood Road Alison Ullman, Howard Street Elena Rogan Conway, West Street Vincent Shanley, White Hall Lane Virginia Adams, Historical Commission — Town of Reading Roberta Sullivan, Historical Commission — Town of Reading Robyn Parker, Historical Commission — Town of Reading Sharlene Santo, Historical Commission — Town of Reading Greg O'Conner, Gregory O'Conner Associates James Mawn, Mawn Associates Pat Kehone Max Gabriello, North Main Street, Andover MA There being a quorum the Chair called the meeting to order at 7:35 PM. Golfsmith, 40 Walkers Brook Drive — Certificate of Appropriateness, Signage Ms. Delios told the CPDC that the Applicant is before the Board for approval to replace the existing wall sign and face of the free - standing sign with new signage. Mr. Scott Chasman with ID Sign Group, representing Anchor Sign, described the proposed changes. The Golftown signage will be removed from the wall and from the free - standing sign. They will repair the wall fascia and then install new channel lettering. The proposal also calls to remove the face on the free- standing sign and replace it with a new face. It was clarified that Golftown had purchased Golfsmith, a much larger company out of Canada. Mr. Safina asked if the lights are LED. Mr. Chasmen replied yes. He also indicated the size of the new wall sign is approximately the same as the Golftown sign, perhaps a bit smaller. Mr. Tuttle asked about the dotted line presented in the drawing for the face of the free- standing sign. Mr. Chasman replied that was to illustrate the border of the free - standing sign. Mr. Weston reminded Mr. Chasman that the light is only allowed to shine through the letters. Mr. Chasman verified that the background of the sign will be opaque and light will only shine through the letters as noted on the drawings and as depicted in the sample provided. Mr. Tuttle moved the CPDC approve the Certificate of Appropriateness for Golfsmith located at 40 Walkers Brook Drive. Mr. Hansen seconded and the motion carried 5 -0 -0. Page 2 of 9 CPDC Minutes of 1/24/2013 Zoning Amendment. Electronic Billboards — Continuation of the Public Hearin Mr. Adams opened the discussion for Article 10, which is on the Warrant for Special Town Meeting. Article 10 proposes to amend zoning to allow for Electronic Billboards. He reminded the public the CPDC opened the public hearing on January 14'h and continued to this evening so that the CPDC had additional time to work on the proposed language, receive comments from the public, and speak with Town Counsel on a few items. The CPDC's role for this meeting is to hear from Town staff, have a Board discussion, hear from the public and then take a vote as to whether the CPDC will make a recommendation for the Article to Town Meeting. Mr. Weston also stated that Article 10 was sponsored by the Board of Selectmen (BOS) and CPDC is responsible for making a recommendation, or not, for the Article to Town Meeting. In addition, the CPDC has the opportunity to modify the language if it is recommended to Town Meeting. He further reminded the public that the CPDC does not vote to amend the language into zoning — that is what happens at Town Meeting. Ms. Delios reminded the CPDC that if the CPDC does not recommend the Article to Town Meeting, it will still be presented, as it is written in the Warrant Report. If the CPDC does recommend the Article to Town Meeting, they also have the opportunity to make changes and recommend those changes to Town Meeting. Mr. Steve Goldy, Chairman of the BOS, told the CPDC that he, as a town meeting member, plans to propose a motion to postpone the Article indefinitely. If that motion passes, the Article would not be able to come back to Town Meeting for 2 years, unless there is a 4/5 vote from CPDC. Mr. Adams replied that the motion may not be voted favorable, so the process must continue for this evening. Mr. Tuttle also told the public that the Town does not currently have a request from anyone for a Special Permit to erect a billboard. The current by -law still requires the procedure to obtain a special permit through the Board of Appeals. Ms. Delios summarized the changes to the proposed language since the last meeting. She indicated that the definition of electronic sign was separated out of the definition of "Off- Premises" sign and that the letters identifying the definitions were also eliminated. This will also be useful in the future when adding /removing definitions. In addition, "d" of the warrant article was also deleted. Paragraph "d" will still remain in the Zoning By -Law as it is currently, but it was decided to eliminate the change to "d" in this Article. She also recommended the CPDC work off the substitute motion as advised by Town Counsel. Mr. Weston asked about the idea of adding additional language for the 5 -year requirement to eliminate the other two billboards. He suggested requiring a recorded document agreeing to this condition. Mr. Peter Hechenbleikner, Town Manager, added that it would not be contrary to the Article to add such language. Mr. Tuttle suggested that this is spot zoning. Ms. Delios replied that Town Counsel opined on the issue of spot zoning and indicated this is not spot zoning. She read Town Counsels reply. Page 3 of 9 CPDC Minutes of 1/24/2013 Mr. Adams invited comments from the public. Scott Harden, 35 Avalon Rd and Real Estate Appraiser — He told the CPDC that an illuminated billboard would decrease the property value of homes which are located within visual distance of the sign, or if the glow reaches the property. Elena Roagan Conway, West Street — Asked if the existing three billboards on Main Street would ever be eliminated without this provision. Mr. Hechenbleikner replied that the Town has tried to remove them. The billboards do not meet State standards; however they would only be removed if the Town paid the owners to have them removed. Bo Garrison, Jadem Terrance — Expressed concern with the images and video content that would be allowed by the state. He also recommended that the language should limit the content that the message will display. Mr. Garrison also recommended that the billboard be turned off during peak energy times as they require a high amount of power. Mr. Hechenbleikner replied that local approval would still need to be granted for the sign, through a Special Permit from ZBA. In addition, there would be a contract between the town and the billboard company which would address removal of existing signs as well as content issues. Deborah Josephson, Oak Street - Told the CPDC that she is concerned with the idea of changing the zoning just for this one sign. She mentioned this was brought forth about 10 years ago when it was defeated, and does not believe it should move forward now. Mr. Weston indicated that the zoning change came about as a result of a financial forum to evaluate other revenue sources for the Town. One of the ideas was to look at revenue from outdoor advertising. The State did a period of testing on electronic billboards and has since approved them. Now that they are allowed by the State, this zoning article would also allow them. Ms. Josephson indicated that in the past, there were issues with lighting and the size of the proposed billboard. She does not understand what has changed since then. Mr. Adams noted that even if the change is approved at Town Meeting, an applicant for the sign would be required to seek a Special Permit from the ZBA and in theory, the same issues and concerns raised then would be revisited. Mr. Safina also told Ms. Josephson that another option would be to petition Annual Town Meeting to eliminate the entire billboard zoning. Although, staff noted that the warrant was closed for this meeting and couldn't be done now. Vincent Shanley, White Hall Lane — Wanted to know the financial impact to the Town and when that discussion would occur. Mr. Adams replied that there is a process to be followed. As mentioned earlier, this zoning change was introduced by the BOS and each Board has a set of parameters in which they evaluate zoning changes. The CPDC focuses on land use and zoning and how it would affect the community. Part of that discussion happens tonight, and part of it will happen at Town Meeting Page 4 of 9 CPDC Minutes of 1/24/2013 Will Kareem, Howard Street — Suggested the article be split so that there are provisions for standard billboards and electronic billboards. Mr. Tuttle replied that the language which was included in the warrant report defines the boundaries of the changes that could be made by the CPDC. Unfortunately, those changes would likely be outside those parameters and we would not be able to incorporate them into a recommendation. Demetra Tseckares, Oak Street — She told the CPDC they should not recommend Article 10 to Town meeting. She also stated that she moved to Reading because it was known for good planning. She did not agree that it is good planning to allow a sign to be erected in order to remove two other signs. It will lower property values, the night sky will be impacted and the gateway will be impacted. It will set the wrong tone and the town does not need this. Bill Rodriguez, Avalon Road — Asked about the difference was between an indefinite postponement and defeating the Article. Mr. Goldy replied there is no difference. Mr. Hechenbleikner also noted that the same Article cannot come back before Town Meeting unless it has a 4/5 vote from CPDC. Rick Shubert — He told the CPDC he was surprised to see it on the warrant, and also very concerned with the process and timeline. He does not believe it belongs in town and hoped there will be a debate at Town Meeting. He also indicated that the amount of email and correspondence is significant and really feels it should be discussed at Town Meeting, because it will be brought back eventually. The community should be heard. Mr. Adams told the public that the CPDC has received copies of all the correspondence regarding this Article, including the petition. All of which will be entered into the public record. Robert Russo, Oliver Road, an attorney representing the residents at Reading Commons stated that he believes it will adversely affect the residents at Reading Commons. Tom Zerfas, Avalon Road — He stated his concern and sympathy for those who live in that area that may be affected. Although he did not believe the billboard would directly impact his home, he did agree that it does not belong in Reading. Steven Zessis, Sherwood Road — He questioned the approval process and whether it can be incorporated into the zoning language. Mr. Weston replied that they cannot make many changes to the language which is already presented in the warrant report; however, the applicant would be required to seek a Special Permit from the ZBA. That would require a public hearing which provides opportunity for the public process. They would discuss the specifics of the sign during that process. Marianne Downing, Heather Drive — She felt that car insurance rates and emergency response costs would increase as a result of this billboard. She also reminded the CPDC that the I- 95/1 -93 interchange is the most dangerous in the state and would not want to see something add to the unsafe conditions. Mr. Adams replied that the safety of the interchange was brought up by Mr. Weston and discussed at the last meeting. Page 5 of 9 CPDC Minutes of 1/24/2013 Harry Simmons — Expressed concern for the historical district on West Street and the impact the billboard may have. Paul Casarano, Sherwood Road — Asked for clarification to postpone the Article. Mr. Goldy replied that Clear Channel has requested the BOS pull the Article from Town Meeting. The recommendation will be to indefinitely postpone it. Mr. Hechenbleikner also noted that indefinite postponement is defeating the Article. Mr. Goldy did indicate that there can be discussion about the Article and there can also be debate. In order to indefinitely postpone the Article, a majority vote is needed. Ben Tafoya, Oak Street — He also expressed concern over the Article, stating that he believes it is a bad idea. He also noted that he believes this idea will return to Town Meeting at some point and that the community opinion should be voiced. He requested the CPDC not recommend the Article to Town Meeting. Mr. Tuttle noted that there is a petition to prohibit billboards. Although it is not something that can be added to the warrant, a directional motion may be made to consider the appropriate changes. Mr. Schubert agreed, noting that another option is to propose it for Annual Town Meeting and that any 10 signatures could do that. Mr. Tuttle moved the CPDC to close the Public Hearing for the proposed Zoning Amendment, Article 10 for Section 6.2, Signs. Mr. Weston seconded and the motion carried 5 -0 -0. Mr. Adams asked the CPDC if there are any changes they wanted make to the Article. He also stated the options — to consider the original motion or the revised motion provided by staff /Town Counsel. Mr. Hechenbleikner suggested the CPDC decide whether or not they want to recommend the Article, keeping in mind that the first motion will be to postpone the Article indefinitely. However, if the motion to indefinitely postpone the article fails, then a Town Meeting member from the CPDC can recommend the revised motion. Mr. Safina moved the CPDC vote to recommend the language of Article 10 to Town Meeting as written. Mr. Weston seconded. The motion was defeated unanimously 0 -5 -0. As a result, the CPDC voted unanimously not to recommend Article 10 to Town Meeting. Perfecto's Caffe, 285 Main Street — Approval Not Required Plan (ANR) Ms. Wilson told the CPDC that the Town Engineer has reviewed the plan and made a recommendation for endorsement. The memo was included in the packets. Ms. Delios confirmed that the plan is necessary so that the owner of Perfecto's can acquire the additional land from eCars. Page 6 of 9 CPDC Minutes of 1/24/2013 Mr. Tuttle moved the CPDC to endorse the ANR Plan for 281 -285 Main Street. Mr. Hansen seconded and the motion carried 5 -0 -0. Ms. Delios also brought up the issue with site control. In the decision, the Building Inspector would verify the applicant has site control. The question is what form of evidence is acceptable to the CPDC. Mr. Weston asked if the Building Inspector has the legal authority to issue a building permit for a piece of property that is not in the applicant's control. Mr. Tuttle noted that the Building Permit is for the building and not the site. Mr. Weston agreed, but that he should not have his contractor perform work on land he does not own. Ms. Delios reminded the CPDC that he can receive his demo permit once it is filed. The owner may close on the property before the Building Permit is issued anyway. Mr. Adams replied that it is up to the Building Inspector and so long as he is satisfied, the CPDC does not have any issues. The risk is that if the purchase of land does not go through, the developer would have a site plan he could not build and would have to come back and re- propose the plan which CPDC previously approved. MF Charles Building, 600 -622 Main Street — Minor Modification to Site Plan Review The project architect, Mr. Greg O'Connor described the proposed changes to the approved Site Plan. There are three main changes which relate to a change in the location of the transformer, changes in the sconces on the courtyard elevation and change in the windows. Transformer Location — Mr. O'Connor told the CPDC that the original plan located the transformer near the entrance of the bank from the parking lot. It was to be screened through the use of landscaping. After further discussion with the electrical engineer, the transformer is going to be much larger than expected and a new location is needed. The new proposed location is within the courtyard, nearest to the parking lot. This will result in some changes to the landscaping and proposed walking path. The entire space for the transformer, including the pad will be approximately 10' by 10'. The idea is to screen the transformer through the use of landscaping. Mr. Safina asked if the transformer will be screened on the north side. Mr. O'Connor replied they may be able to add landscaping there. Bollards will also be located around the transformer. It also needs to be close to a paved area so that the utility company can access it for maintenance. Ms. Robyn Parker asked if there has been any discussion with the adjacent property owner because the transformer will be located near their entrance. Mr. O'Connor replied they have not spoken with the property owner. Ms. Parker added that the adjacent property owner is planning to do some building renovations and that she owns the fence. Mr. Jim Mawn, owner of the MF Charles Building did add that they would install a fence if the adjacent property owner removed the fence during that renovation. Mr. Safina also indicated that the fence provides a separation between the properties and that either party could provide the fence. The CPDC asked if there were any other alternatives for the location of the transformer. Mr. O'Conner said this was the best option. Sconces — Mr. O'Connor told the CPDC they would like to add an additional 4 sconces to the courtyard elevation. The original plan permitted only 4 and the restaurant has requested additional lighting. Also Page 7 of 9 CPDC Minutes of 1/24/2013 the restaurant would like to have operable windows, which will be in the same openings as previously approved. It would be an accordion -type window system with an aluminum frame that would be black. The Historical Commission agreed on the color. Mr. Safina felt the sconce at the end of the building, nearest Main Street did not fit well. The CPDC discussed the proposed lighting in the courtyard and whether this sconce is necessary. Mr. Safina recommended eliminating the proposed sconces on the end of the building nearest Main Street and nearest the parking lot. So instead of an additional 4 lights, there would only be an additional two. The other CPDC members agreed. Storefront Windows — Mr. O'Connor told the CPDC that many of the existing windows are broken and they also found that much of the glass is not tempered. They would like to change the proposal to replace the glass with insulated glass and also replace the framing system. The original plan called for the reuse of the framing. The modification would have new windows, new frames, but still sit on top of the granite. One of the storefronts would also need to be modified due to the size of the new windows. A new horizontal transom would be added to support the new windows. The Historical Commission has reviewed and agreed to these changes. Ms. Roberta Sullivan from the Historical Commission replied that they do not have the best pictures of the storefront so they are unsure on exactly how they were arraigned. Awnings — Mr. O'Connor told the CPDC that the proposed awnings approved as part of the original plan will not meet the code requirement to have an 8 -foot clearance. As such, they are proposing to eliminate the awnings from the single -story portion of the building. The property owner is okay with this. Mr. Weston asked if this could be an issue for potential tenants in the future. Mr. O'Connor replied that the building will get sun in the morning but it does not face south. They anticipate a low risk of sun glare. Haven Street — During exploratory demolition, a steel column was found in one of the window frames. In order to accommodate this column, the window will be spilt into four sections instead of three as originally approved. Mr. Tuttle moved the CPDC determine the modifications to the approved site plan for 612 Main Street, MF Charles Building are minor modifications. Mr. Hansen seconded and the motion carried 5 -0 -0. Mr. Tuttle moved the CPDC approve the Minor Modification as amended. Mr. Weston seconded and the motion carried 5 -0 -0. Planning Updates Ms. Delios told the CPDC that there have been a few business owners who have asked for available storefronts, but everything appears to be full. Jenny Boston is having challenges with their particular location, and that is why they do not have a sign yet. Portland Pie Company will also be appearing before the CPDC on the February 11, 2013 for their Site Plan Review approval. Mr. Adams tabled the approval of the minutes to the next meeting. Page 8 of 9 CPDC Minutes of 1/24/2013 Adjournment On a motion by Mr. Tuttle, seconded by Mr. Safina, the CPDC voted to adjourn at 10:05 PM by a vote of 5 -0 -0. Respectfully Submitted, Jessie Wilson Recording Secretary Page 9 of 9