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HomeMy WebLinkAbout2014-07-21 ad Hoc - Zoning Advisory Committee Minutes"+ Town of Reading Meeting Minutes RECEIVED, TOWN CLERK (EAOING. MASS. Board - Committee - Commission - Council: Zoning Advisory Committee 1414 AUG 19 A W Date: 2014 -07 -21 Time: 7:30 PM Building: Reading Town Hall Location: Conference Room Address: 16 Lowell Street Purpose: General Business Session: Attendees: Members - Present: David Tuttle George Katsoufis Eric Bergstom David Tranlello Erin Calvo -Baccl Members - Not Present: Jeff Hansen Marsie West Others Present: Jean Delios - Assistant Town Manager, Community Services Jessie Wilson - Community Development Administrator Virginia Adams Nancy Docktor Minutes Respectfully Submitted By: Jessie Wilson, Community Development Administrator Topics of Discussion: There being a quorum the Vice Chair called the meeting to order at 7:35 PM Ms. Delios said that a few more meetings were added to the ZAC's schedule including tonight's meeting. Staff also added a day work session with the Consultant and then added August 13`h. The schedule has also been updated to Identify which Sections to review at the scheduled meeting. She also reported the Board of Selectmen will be calling for a September Town Meeting which will be a good opportunity to update Town Meeting Members on the status of the zoning update and then also bring forward the Medical Marijuana bylaw. The ZAC may also want to consider Including a few of the other sections such as Accessory Apartments and Aquifer Protection District. Mr. Tuttle said that when it comes to the Aquifer Protection District, the language should be revised so that lot coverage is not the threshold, but have it tied to the stormwater management standards. Mr. Katsoufis agreed, saying that the protection of the aquifer is also a regional problem related to the Ipswich River basin. However, Ms. Delios said that Massachusetts Department of Environmental Protection (DEP) has established the threshold Page 1 1 Town of Reading - Meeting Minutes we have In our bylaw. The Town cannot change the measurement for the threshold. She did say that the draft language modifies the definition of "Impervious" so that it property owners could then use Low Impact Development (LID) technology to take away the count towards the Impervious area. Ms. Wilson reminded the ZAC that they will need to decide soon as to which Sections they want to move forward with at September Town Meeting. Mr. Tuttle asked when the document would be in the order consistent with the proposed table of Contents. Continue Review of Revised Draft Sections Medical Mariivana The ZAC reviewed the updated revised draft. Mr. Tuttle made some minor suggestions. Additional comments from the ZAC were discussed Including comments related to the agricultural exemption. Ms. Docktor expressed concern with the proposed would prohibit one of these facilities from being located in a building with a doctor's office who has a practitioner that is licensed to prescribe medical marijuana. Mr. Tranlello replied that he believes it is related back to the state regulations. Ms. Docktor also expressed concern that the area zoned for medical marijuana facilities (Industrial zone) Is even more limited with that proposed language. The ZAC discussed this issue. Mr. Tranlello said he would like to know why the provision was Included for prohibiting the use from locating in a medical doctor's office with a practitioner who prescribes medical marijuana. Mr. Katsoufls asked what would happen if a practitioner with a license to prescribe medical marijuana wanted to locate in a building where a dispensary has already been located In. Mr. Bergstrom said that he feels that if a medical marijuana treatment facility was to locate in Reading, all the details would be identified and worked through during the public hearing processes. He feels the language is sufficient to move forward with. He suggested having the Consultant look at this section at the day work section next week. Ms. Docktor expressed concern that this would limit physician's ability to write prescriptions. The ZAC agreed to have the Consultant re -look at this and determine if there is any reason why we really need that section in the bylaw. Mr. Tuttle expressed concern with the proposed Section 1.6.2.a as it relates to cultivation of marijuana under Chapter 40A Section 3. He said that statue exempts agricultural over 5 acres of land and he is surprised that medical marijuana uses would benefit from that exemption. It was agreed to have the Consultant also look at that provision as well. Mr. Katsoufis asked if a special permit could be transferred. Mr. Tuttle replied that the language is written so that a Special Permit could be transferred with CPDC approval of a Special Permit modification. Aquifer Protection District The ZAC reviewed the updated draft language for the Aquifer Protection District. Ms. Delos said that most the language is from the state model bylaw. However, the big change provided by the Consultant relates to the definition of impervious surface. Ms. Virginia Adams asked if the reason our regulations are more restrictive is because we are the headwaters to the Ipswich River Basin. Ms. Delios replied no and that DEP said our regulations are just much more restrictive because that Is how we chose to adopt them. Mr. Katsoufs said that he attended training on this topic. He noted that there was strong emphasis on performance standards when it comes to stormwater management. He would suggest including best practices on what we want to see in terms of stormwater systems. Page 1 2 Town of Reading - Meeting Minutes Ms. Delios pointed out that the Consultant added language relating to recharge systems which includes vegetated swales and stormwater wetlands. Ms. Delios said the biggest concern is the administration /enforcement of this section. If a property owner was approved to put down a crushed stone driveway and then In a few years the property is sold then the new owners decide to pave, Ms. Delios said the Town would have no way of knowing the pavement work was completed. This is because driveway and paving work does not require a permit from the Town. Ms. Wilson added that it would be difficult and onerous for the Engineering Division to issue pavement permits if that Is the route the ZAC wants to go. Ms. Delios pointed out that in the future, it may be that the Town will seek a secondary water source which may eliminate the need for protection of the wells. Mr. Traniello said that when this is presented to Town Meeting, he anticipates many questions as to why the Town still has to protect the aquifer. He said it Is very important to relay back that we have streamlined it and made it easier to use. Mr. Katsoufis asked if there are best practices for section 4.8.6.1.10. He recommended that we create a one -pager for that. Landscape tfyiaw Mr. Traniello asked why VHB is proposing a landscape section. Ms. Delios replied that It sets a standard for landscape plans and it is clear to the developer right up front. It was clarified that this bylaw would be applicable to new development projects. Mr. Tuttle said he liked the proposed language, but would like to see it more of a guideline rather than quantitative. He expressed concern specifically over Section 1.6 regarding the number of proposed species, noting that they would need 3 or 4 species of plantings. Ms. Dellos said that she suggested increasing the caliper to 3 Inch. Mr. Katsoufls agreed, noting that the cost between the two is very minimal. It was clarified that this bylaw would go along with Site Plan Review and that it would be applicable to projects that are subject to Site Plan Review. Ms. Wilson said we need to ensure It Is consistent with the Site Plan Review regulations. Accessory Apartments Mr. Traniello asked if the ZBA members have sent any comments. Ms. Wilson replied no It was clarified that the only way to get an accessory apartment in Reading under the current bylaw regulations is by Special Permit from the ZBA. Ms. Wilson reported to the ZAC some of the concerns of the Building Inspector as It relates to the proposed language. His primary concern Is the Town would be allowing 2- family homes In a single - family home district. In addition, he was concerned with the renting of the unit to Individuals other than family as well as the issues of parking. He believes it will impact the character of the neighborhoods. Mr. Traniello feels that having the by -right option may have an impact on the town. He said there is a certain level of discretion at the Board of Appeals which is not there with a by- right option. Mr. Katsoufis expressed concern with defining character of the neighborhood. Mr. Traniello pointed out that the regulations are in place for those people who want to go through the correct permitting process. Page 1 3 Town of Reading - Meeting Minutes The ZAC continued to discuss the concerns about accessory apartments. Ms. Wilson also said that the Building Inspector was concerned with the setbacks because the proposed language would allow an accessory apartment in an accessory structure that is subject to lesser setback requirements. Also, the Building Code does not have a section for accessory apartments so he defaults to using the code for a 2- family structure which can increase cost for the construction of fire walls etc. Ms. Delios said that there are 197 homes In Reading that have a second kitchen based on assessor's records. However, that does not mean it is an accessory apartment. Ms. Delios said that of those that could possibly be an accessory apartment, only five Special Permits have been found In the files an accessory apartment. Mr. Delios said that we wanted the ZAC to weigh in on this topic based on a recent case before the ZBA. Mr. Tranlello reported that the applicant withdrew his application without prejudice. The ZAC continued to discuss that use Ms. Adams expressed concern with the option for by -right accessory apartments and feels that it Is best left to ZBA by Special Permit. Mr. Tuttle said that the hope is that some apartments in existence will be "regularized" by the by -right option. Mr. Katsoufts suggested revising the third option so that new construction for an attached accessory apartment be by Special Permit. He is less concerned with the pre - existing, attached by -right option. Mr. Traniello also expressed concern that Town Meeting may not approve a by -right option for accessory apartments. Mr. Tuttle disagreed, saying that the Idea behind having a by- right option would encourage more permitted, proper apartments. Ms. Adams asked if there was an Influx in accessory apartments after Lexington adopted this model. Ms. Dellos replied no, but we could follow up. Mr. Katsoufts asked whether the language would be changed to only allow relatives of the property owners to live in the apartment. He feels that may Impact the view at Town Meeting. Mr. Traniello said he felt that may be outside the realm of zoning. Ms. Dellos said there is also an option to get feedback on this topic during the September Town Meeting through the Turning Point Survey. Mr. Traniello said he is pleased with the language and would recommend moving forward with it and see what Town Meeting members have to say via feedback at September Town Meeting. Approval of the Minutes Mr. Tuttle moved the ZAC to approve the minutes from July 7, 2014 as presented. Ms. Calvo -Bacci seconded and the motion carried 5 -0 -0. Mr. Tuttle moved the ZAC to approve the minutes from July 9, 2014 as amended. Mr. Bergstrom seconded and the motion carried 4 -0 -1. Adiournment Mr. Bergstrom moved the ZAC to adjourn at 10:OOPM. Mr. Tuttle seconded and the motion carried 5 -0 -0. r.,'Ia