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HomeMy WebLinkAbout2012-09-24 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 September 24, 2012 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: George Katsoufis, Associate CPDC Member, Jean Delios Town Planner and Jessie Wilson, Staff Planner and Recording Secretary Others Present: Virginia Adams, 59 Azela Drive Mark Cardono, Reading Historical Commission Chairman Stephen Kasper, Our House Design Build Amy Tangorra, Our House Design Build William Crowley, 159 Haven Street John Magee, Magee Construction William Buck, Developer 10 Pierce Street Richard Bonomo, 484 Main Street Nancy Doctor, Resident of Reading Amy Vent, Resident of Reading Julian DeAngelis, RCASA Ruth Clay, Health Director, Town of Reading There being a quorum the Chair called the meeting to order at 7:39 PM. Public Hearing: Zoning Amendment — Parking By -Law Mr. Hansen read the legal notice. Ms. Delios provided an overview of what is being proposed at subsequent Town Meeting. Section 6.1 of the Reading Zoning By -Law (ZBL) holds provisions for off - street parking. This section of the ZBL does not provide alternatives to providing off - street parking on- site. The proposed zoning amendment will allow remote parking facilities, shared parking arrangements, and the phased development of parking spaces through a Special Permit from the CPDC. This would allow CPDC to review proposals for alternative parking situations and not leave it to the Board of Appeals through a variance process as the current by -law requires. Ms. Delios added that this will help "make sites work" when there may be challenges related to the size, shape or presence of natural resources on the site. She cited Perfecto's as an example of a business which could benefit from these new changes. The "phased parking spaces" element of the proposed changes will allow an applicant to gain a sense of the demand before committing to a certain amount of parking. Ms. Delios continued with the presentation of the proposed changes. Remote Parking — the applicant must provide a deed, easement or agreement to use the land in which parking is required. Page 1 of 7 CPDC Minutes of 9/24/2012 Shared Parking — up to 50% of the required spaces may be used jointly during opposite peak hours (i.e. Perfecto's using the adjacent lot for the condos). Phased Parking Spaces — will be granted if circumstance is demonstrated. The site plan must show the total number of required spaces and must be labeled "Phased Reserve Parking" and no more than 50% of the spaces may be phased. The procedure for Special Permit issuance will follow the same as Site Plan Review, Section 4.3.3 of the ZBL. Mr. Adams asked for comments from the public. Mr. Katsoufis questioned whether the example of Perfecto's and the condos would be allowed under this amendment. It was confirmed that the condos are zoned Business A and therefore would be allowed because it is a non - residential zone. Mr. Weston confirmed that the idea is not to introduce parking facilities into residential districts. Mr. Katsoufis asked about the Phased Parking. Mr. Weston clarified that the intention is to limit the amount of pavement that is constructed. If the spaces are not needed, then the pavement should not be put down. However, the developer would need to identify those spaces on the plan. Mr. Katsoufis questioned the need for parking for buildings in which the use is not yet determined, such as the case at 30 Haven Street. The need for the parking is not established until after occupancy. Mr. Weston agreed, noting that the zoning requirements lump certain uses in the same category and require the same spaces for those uses. He cited the example of a vacuum cleaner store and a Dunkin Donuts — they are in the same category, but in reality they have different demand for parking. The hope is that the CPDC will have more discretion when it comes to determining parking needs. Mr. Katsoufis questioned the agreements which would be required for shared parking or remote parking. His concern is for when tenants move out and a new use will move in with different parking needs. Mr. Weston said the agreement would need to be in a format which is recorded in the registry. It would run with the land and if there is a change, then the agreement would need to be changed. Mr. Tuttle agreed that if the circumstances changed, then the parties would come back for a modification. Mr. Katsoufis suggested that the Town create a forum to discuss current shared parking situations and evaluate existing situations. Mr. Weston agreed and thought it might be something the EDC could help with by identifying an inventory of shared parking situations. The CPDC reviewed the proposed language and suggested some minor edits and recommended some changes to the presentation for Town Meeting. Mr. Tuttle moved the CPDC to close the public hearing for the proposed amendment to the parking by -law. Mr. Weston seconded and the motion carried 5 -0 -0. Mr. Tuttle moved the CPDC to recommend the amendment to the parking by -law for inclusion in the warrant for subsequent Town Meeting. Mr. Weston seconded and the motion carried 5 -0 -0. Public Hearing: Zoning Amendment — Medical Marijuana By -Law Mr. Hansen read the legal notice. Ms. Delios provided a summary of the proposed ZBL changes. The change would include a definition of "Medical Marijuana Treatment Center" into the ZBL and revising the table of uses to prohibit the use in all zoning districts. This is in response to a ballot question that Page 2 of 7 CPDC Minutes of 9/24/2012 will be taken up this November. Ms. Ruth Clay, the Town of Reading Health Director provided more information on the proposed changes to the ZBL. Ms. Clay, also serves as Health Director for the City of Melrose and Town of Wakefield, towns that are also proposing these changes as a regional effort to address this upcoming issue. Question 3 on the ballet will ask the voters about allowing up to five (5) Marijuana Treatment Centers to be in each county in the state. The question is whether Reading, would want to have one of these businesses in the community. The retail stores would be allowed to sell marijuana to persons that have received a registration card from a physician for 60 -days' worth of marijuana. The state has not determined what amount 60 -days' worth of marijuana would consist. Ms. Clay felt that this type of use is not within the best interest of Reading's Economic Development Plan. She further noted that Wakefield had been targeted for this use. Mr. Adams asked for comments from the public. Nancy Doctor, a resident of Reading asked the CPDC for evidence as to why the community would not want to allow this use. Ms. Julian DeAngelis, Outreach Director of the Reading Coalition Against Substance Abuse (RCASA) told the CPDC she has worked in the field of addiction treatment and attended the hearing as a staff member to educate the public on reducing the access to marijuana. Ms. Clay clarified that the zoning uses the term "medical" because that is the language which is used in the ballot. She also added that the treatment centers will be selling marijuana which can be smoked and abused for recreational purposes. She noted that the average customer of these centers are white males aged 32 who are prone to substance abuse. Mr. Tuttle reminded the public that this is a public hearing and speaking is encouraged, but.the matter on the table is whether the CPDC proposes the changes to the ZBL to Town Meeting. Ms. Doctor asked why it was being proposed in the first place. Mr. Tuttle responded that is a question to be asked at Town Meeting. Ms. Amy Vent, a resident of Reading, said she had worked with teens in the past and believes this should be addressed as a community. She felt that if this use is allowed, that it would send the wrong message about marijuana. Mr. Tuttle moved the CPDC to close the public hearing for the proposed amendment to the medical marijuana treatment center. Mr. Hansen seconded and the motion carried 5 -0 -0. Mr. Tuttle moved the CPDC to recommend the amendment to the medical marijuana treatment center for inclusion in the warrant for subsequent Town Meeting. Mr. Hansen seconded and the motion carried 5 -0 -0. Neno's Barber Shop, 484 Main Street — Certificate of Appropriateness for Signaae Application The CPDC reviewed the drawings included in their distribution packet. It was asked if the light within the pole will be turned on. Mr. Richard Bonomo, representing Neno's Barber Shop replied that the pole will not rotate or light. The business does not intend to connect the electrical component. Mr. Tuttle asked about the proposed location. Mr. Bonomo clarified that the pole will be right at the corner of the building but not connected to the building exactly at the corner. The CPDC continued to discuss the proposed sign and agreed that the sign must be at least 8 -feet from the ground. Page 3 of 7 CPDC Minutes of 9/24/2012 Mr. Tuttle moved the CPDC to approve the Certificate of Appropriateness for the barber pole sign at Neno's Barber Shop at 484 Main Street. Mr. Weston seconded and the motion carried 5 -0- 0. Pierce Street Condos, 10 Pierce Street "Orean Pine Place" Ms. Delios told the CPDC that the Applicant is here to review the proposed fagade materials and colors. She presented the CPDC with the architectural drawings which were approved November, 2011 as part of a Minor Modification. The modifications presented to the CPDC that November included changes to the windows, doors, dormers, the cupola, and the siding material. During that review, the CPDC asked the Historical Commission to review the proposed changes. As a result, the Historical Commission prepared a memo to the CPDC which mostly addressed the trim size as well as the change from wood siding to hardiplank. The new developer is now ready to select the paint color of the siding and had reached out to the Historical Commission for their input on color selection. The Historical Commission reviewed and approved the proposed paint color of "khaki brown" from the new developer. However, there are a few questions which need to be addressed: 1) the color of proposed trim and 2) the height of the building. The developer, Mr. William Buck presented the CPDC with a sample of the hardiplank in the proposed color. He indicated they are working off the approved plan which called for azek trim. Azek trim is only available in white. He was unaware of the issue with the trim. The color drawings approved by the CPDC indicated a darker color for the trim. Ms. Roberta Sullivan with the Historical Commission told the CPDC they were given the impression the azek trim could be painted. She also believed the size and scale of the building being constructed is not correct given there is a third floor living space which increased the height of the building. Ms. Virginia Adams with the Historical Commission asked if the CPDC considered the change back in November to be minor. She was concerned that some of the changes presented in the minor modification last November were overlooked, including the change in dormer design and height of the building. Mr. Safina replied that the primary change was the garage arrangement to accommodate the entrances. Mr. Weston agreed, stating there was a meeting where the CPDC did not take action and they agreed that the Historical Commission should weigh in on the changes. Ms. Sullivan again expressed concern because the Historical Commission approved a height of 32 feet which has been changed to a height of 37 feet, which they were not aware. Ms. Delios did say that the plans presented back in November to both the Historical Commission and the CPDC did reference a height of 37 feet. Mr. Buck also stated that the cupola will not be as tall as the plans indicate. Mr. Buck told the CPDC that he was not the developer in the earlier approval stages of the project, and that he can paint the trim brown. It would be a maintenance issue which is a cost that will be passed down to the future owners. Mr. Adams agreed that painting the azek trim brown may be more maintenance, but that is what the CPDC was expecting for trim color, and that is what should be provided. Mr. Buck asked the CPDC about the approved railing system. He felt that a glass railing system is not a historical feature and would like to change it to a design more consistent with the design of the building. Specifically he would like to install a baluster system and they could try and match the color of the siding. Ms. Adams had no objection to the proposed change because this element cannot be Page 4 of 7 CPDC Minutes of 9/24/2012 seen from the street. Ms. Sullivan asked if the railing could match the color of the trim. Mr. Buck replied that it could be matched. Mr. Adams summarized the discussion, noting that the color of the siding will be khaki, the azek will be painted brown, and the installed railing system will be a ballister type and of a brown color consistent with the trim. The CPDC agreed these changes could be administratively approved by the Town Planner. Law Offices, 159 Haven Street — Master Sign Plan Approval Mr. William Crowley, tenant at 159 Haven Street, presented the proposed Master Signage Plan. He told the CPDC that 159 Haven Street is owned by Larry Hodson LLC and two other attorneys rent space in the building. Mr. Crowley indicated that this project was part of the Building Fagade and Signage Improvement Program (BFSI) which was under the Reading Economic Development Committee (EDC). The BFSI Program Committee has reviewed and approved the design. The proposed sign design is simple — white sign and black lettering. The signs will identify the three tenants of the building. In addition, the proposed blade sign will also identify the three tenants and will also identify "Artist Gallery". Mr. Crowley said they will display art from Emarc artists and it will be a great way to beautify the long interior hallways. The blade sign will be 8 -feet from the ground. Mr. Tuttle moved the CPDC to approve the Certificate of Appropriateness for the Master Signage Plan at 159 Haven Street. Mr. Safina seconded and the motion carried 5 -0 -0. Our House Design Build, 59 High Street — Certificate of Appropriateness for Signne Application Mr. Stephen Kasper, the applicant, presented the proposed signage. The wall sign will be attached to the building with three overhead lights. The bracket for the proposed blade sign will be wrought iron. Mr. Weston added that this project was also under the BFSI Program and had been reviewed by the BFSI Committee. Mr. Adams asked for the dimensions of the proposed lights. Ms. Amy Tangorra replied that they would be similar to what is already installed around town. Mr. Tuttle reminded the applicant that the lighting must meet the dark skies standard. Mr. Weston suggested looking at the lights at the end of Haven Street. Ms. Delios said they would want a cut sheet in advance. Mr. Weston asked about the window boxes. Ms. Tangorra told the CPDC that they will be installing the window boxes. The sign will be high density foam and the lettering will be 3- dimensional. The CPDC reviews the draft Certificate of Appropriateness and suggested minor edits. Mr. Tuttle moved the CPDC to approve the Certificate of Appropriateness for the proposed signage at 59 High Street as amended. Mr. Weston seconded and the motion carried 5 -0 -0. Forest Acres Subdivision — Letter of Credit Approval Ms. Wilson told the CPDC that Town Counsel had reviewed the draft letter of credit provided by Mr. Al Couillard. Town Counsel recommended that the CPDC approve another form of surety that is described Page 5 of 7 CPDC Minutes of 9/24/2012 in the Reading Subdivision Regulations. As such, Mr. Couillard provided a Tri -Party Agreement which was been reviewed by Town Counsel and the Town Engineer. On a motion made by Mr. Weston, seconded by Mr. Tuttle, do hereby move to approve the bond amount of $301,623.65 as recommended by the Town Engineer in memo dated September 20, 2012. Motion carried 5 -0 -0. On a motion made by Mr. Weston, seconded by Mr. Tuttle, do hereby move to approve the Tripartite Agreement (Form K-) as surety for the satisfactory completion of the subdivision known as Forest Acres in accordance with the approved plan dated November 15, 2012 lastly revised March 1, 2012 and conditions contained within the final subdivision approval dated February 27, 2012. Motion carried 5 -0 -0. On a motion made by Mr. Weston, seconded by Mr. Tuttle, do hereby move to release Lots 1, 2, 3, 4, and 5 from the restrictive covenants of the Covenant Agreement between Carolyn/Florence, LLC and the CPDC recorded at the Middlesex South District Registry of Deeds in Book 59834, Page 580. Sailor Tom's Way Subdivision — Request for Extension of Subdivision Completion Mr. Adams asked if the Town Engineer had reviewed the request for extension to complete the subdivision. Ms. Wilson replied yes, the Town Engineer has reviewed the request and recommends the CPDC issue and extension to May of 2013. Mr. Tuttle moved the CPDC to approve the request for extension of subdivision completion for Sailor Tom's Way to May 1, 2013. Mr. Weston seconded and the motion carried 5 -0 -0. Approval of Minutes Mr. Adams recommended that the CPDC review the minutes and submit comments to the Staff Planner. The CPDC members agreed and they will review a red -lined copy next meeting. Planning Updates Ms. Delios reminded the CPDC that the ribbon cutting for Oaktree will be on October 11' at 2PM. The tour for the building will be at 2:35Pm. Zinga — they are now open and have received good reviews. They have been approved for outdoor seating. The CPDC discussed the outdoor seating approval for Oaktree. Ms. Delios reminded the CPDC that Zinga did not come to CPDC for site plan review and that is why they did not see a plan for Zinga's outdoor seating since it is approved by the Board of Selectmen. Mr. Weston replied that Boards should be communicating on issues that should be reviewed by multiple Boards. He cited the issue with 10 Pierce Street and that they deferred to Historical on a matter which they felt was relevant to them. Page 6 of 7 CPDC Minutes of 9/24/2012 The CPDC also discussed how they interact with the ZBA. The concern is that the ZBA seems to require approval of a specific plan even when the issue in front of them is a change in use and not based on a site plan. That then may lead to issues if the same applicant requires Site Plan Review. Ms. Delios suggested she would write a memo to the ZBA that may address this issue. Ms. Delios provided an update about Portland Pie. This restaurant will be located at the restaurant space at 30 Haven Street and the CPDC can expect a Site Plan Review Application soon. Perfecto's — Ms. Delios told the CPDC the owner is coming in to meet with staff and go over his plan to expand the site into the eCars property. The idea is the 10 -feet of additional width in the parking lot will provide for a more ideal parking situation. Former Registry Space — Ms. Delios told the CPDC that a tenant has been selected and she expects to have a DRT soon. Adjournment On a motion by Mr. Tuttle, seconded by Mr. Hansen, the CPDC voted to adjourn at 10:45 PM by a vote of 5 -0 -0. Respectfully Submitted, Jessie Wilson Recording Secretary Page 7 of 7