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Meeting Minutes
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Board - Committee - Commission - Council:
Community Planning and Development Commission
Date: 2020-10-19 Time: 730 PM
Building: Location: Remote Meeting - Zoom
Address: Session:
Purpose: Meeting Version:
Attendees: Members: John Weston, Chair; Rachel Hitch, Pamela Adrian
Heather Clish, Tony D'Arezzo-Associate
Members - Not Present: Nick Safina
Others Present: Community Development Director Julie Mercier, Staff Planner
Andrew MacNichol, Economic Development Director Erin Schaeffer, Patricia Dababneh
Minutes Respectfully Submitted By: Andrew MacNichol
Topics of Discussion:
MEETING HELD REMOTELY VIA ZOOM
Chairman John Weston called the meeting to order at 7:33 PM.
Community Development Director Julie Mercier explained the protocols for tonight's meeting
that is being held virtually as all hearings throughout the pandemic have been. She
presented the Zoom Meeting information to the public for those wishing to join. She
explained the features of the Zoom program and how to provide comments for any given
application. She added that RCN is broadcasting and recording the meeting.
Potential Zoning Amendments for April 2021
Outdoor Commerce. Dining and Recreation
Mr. Weston explained that currently the Town does not have a way to approve a temporary
use on a site looking to hold outdoor events. He continued that this did start with the Covid-
19 pandemic but the need is expected to continue beyond such and the Town wants to be
prepared for the short- and long-term future. These outdoor uses may not have been
contemplated when a site was originally approved so applications may warrant a review by
the CPDC.
Mr. Weston asked to consider a Special Permit process versus a Site Plan Review process
and why one may be preferred over another. Ms. Mercier stated that Special Permits are
statutory and require a specific timing of notice which is then followed by a public hearing,
These can take up to 90 days at times to issue a Decision. Site Plan Review and Minor Site
Plan Review are not statutory and town staff can have Flexibility within the process. Items
such as legal notices, issuances of Decisions and other parameters can be set and adjusted
by staff. Ms. Mercier continued that Special Permits can be denied but a Site Plan Review is
typically non-discretionary.
Ms. Mercier stated that while outdoor events on public land, such as sidewalks and roads,
are outside the CPDC's jurisdiction, CPDC has focused solely on outdoor dining within
private lots. She added that one particular property has undergone a Minor Site Plan Review
for their own outdoor dining in the past.
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Ms. Adrian asked that submitted plot plans depict how many structures would be installed.
Ms. Mercier agreed and summarized what was being presented.
Ms. Mercier shared the proposed zoning amendments on the screen. A definition of Open
Storage exists in the bylaw which relates to Outdoor Retail. Ms. Mercier stated the proposed
revisions would change the "Open Storage"title to "Outdoor Commerce, Dining and
Recreation" in order to directly relate the definition to the use. She added that Board
Member Tony D'Arezzo, who could not attend tonight's hearing, would prefer that the Open
Storage definition and line item (within the Table of Uses) remain and that a new and
separate definition and line item for Outdoor Commerce, Dining and Recreation be created.
Ms. Mercier stated that notice would be given to not only property abutters but also
adjacent businesses, if they share a building/lot. Ms. Mercier added that Mr. D'Arezzo felt
guidelines such as length of time, size of event, etc. be added to ensure events are not
approved in perpetuity. Ms. Mercier opined that if something is successful it should not be
impeded by constant review. It was added that Minor Site Plan Review can also be triggered
by a site that 'becomes a nuisance'. She felt that leaving the bylaw'open' was best instead
of adding too many restrictions that may have unintended consequences. Varying conditions
can be placed on any given application during its review.
Ms. Mercier added that the existing Minor Site Plan Review Bylaw language includes the
ability to waive parking requirements. She stated this could be very beneficial to sites that
would like to temporarily use their parking areas to hold events.
Ms. Mercier reviewed the Open Storage `Criteria for Approval'. She stated she has not
received an Open Storage Application since her time in Reading and questioned whether the
Board had seen many of them.
Ms. Hitch asked how these events would be temporary in nature. Ms. Mercier replied that
the proposed definition allows for conditions of approval limiting the use and time. Each site
and application may be different and require different conditions. She continued that
flexibility will be key in the future for businesses looking for different style of events. Ms.
Hitch opined that it must be made clearer that this use is always for temporary events. Ms.
Clish agreed that more could be added to the definition to make that distinction. Mr. Weston
opined the definition may not be the best place for including limitations but could be added
in a separate section.
Ms. Clish opined that recreation may not be the best word and that another, such as
'Programming', may make more sense and allow for even greater flexibility. Ms. Mercier
stated that whatever the word is, the intent should be very clear. She added that the new
language is in the Accessory Use Table, therefore it must relate to principal uses. Mr.
Weston stated a principal use may wish to apply for a more creative outdoor use and did
not want to restrict any creative applications. Ms. Mercier agreed and felt that`Special
Events' (such as functions, fairs, and more) should be captured within any new definition.
Mr. Weston expressed concern that these outdoor uses and events need to be reviewed for
safety concerns.
Ms. Mercier gave an example of a bank holding an outdoor event with food, drink and other
business booth tables. She asked how this would be received. Ms. Hitch opined that it
sounded like such an event is outside of this use. Ms. Mercier replied that it would be
contained within their own private site and would want a review process.
Ms. Clish opined that an event is different than a temporary use. Ms. Hitch agreed. Mr.
Weston asked who had control over the Fall Street Faire and how was that permitted. The
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Faire not only uses public ways but a number of private lots. Ms. Mercier informed that the
Civic Function Permit applies to such events.
Mr. Weston asked if Economic Development Director Erin Schaeffer had any opinions. Ms.
Schaeffer replied in the negative and that the discussion on uses versus events is very
beneficial.
Mr. Weston asked to review the Outdoor Storage Criteria again. Ms. Mercier opined a
number of these criteria can be imposed as Conditions on any Minor Site Plan approval. She
felt restricting outdoor uses to a certain percentage of lot area is disadvantage to a number
of sites.
Ms. Hitch questioned what if a site wanted to use their entire parking area for an outdoor
use. Ms. Mercier replied that a case by case basis is needed due to the number of spaces
dedicated to a specific use, location of other businesses, utilization rates, timing of the
outdoor use and other factors that may impact approvals.
Mr. Weston opined the Outdoor Storage Criteria was drafted for outdoor uses such as
Redbox, vending machines and other related outdoor commerce boxes. Ms. Clish felt that
the Outdoor Storage criteria should remain but could be included in the Outdoor Events
definition and guidelines. Ms. Clish questioned what would trigger a review if a Special
Permit requirement is removed. Ms. Mercier stated the use itself can be identified as a
trigger for Minor Site Plan Review.
Mr. Weston questioned how this use can be discussed with a full Site Plan Review if it
triggers and requires a Minor Site Plan Review. He asked if both would be required. Ms.
Mercier stated this could be worded similarly to the language of a Special Permit being
included in a Site Plan Review. She stated this language can be added.
Mr. Weston opined that if the criteria is removed, they should be added to the
considerations section of the outdoor events. Ms. Mercier agreed.
Ms. Mercier reviewed the existing waiver language within the Minor Site Plan Review Bylaw.
She asked if all business and industrial zoning districts should be allowed to ask for waivers.
Ms. Mercier asked in place of Mr. D'Arezzo if the term "minor" should be defined in more
detail. She informed the board that triggers for Minor Site Plan Review exist but not a
definition. Ms. Clish opined that a definition may be too limiting. Mr. Weston stated minor is
subjective to each site and should remain Flexible.
Mr. Weston asked how yearly applications would be handled. He stated he wanted to avoid
having a business reapply for the same event. Ms. Mercier agreed and stated that conditions
could require applicants to reapply if there are deviations from the original approved plan.
Ms. Mercier stated that details on the official application requirements can be given more
thought.
Mr. Weston asked if members of the public had any comments.
Ms. Patricia Dababneh asked who approves the zoning amendments to become official. Mr.
Weston informed the public that the CPDC would hold an official public hearing on the
zoning amendments and make a recommendation to Town Meeting. Ms. Dababneh asked
how often Town Meeting is held. Mr. Weston stated it is held twice a year and is
representative in format. Ms. Dababneh asked if Town Meeting members should be present
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at the working meetings such as tonight. She continued that they should be aware of the
discussion that goes on that results in the language presented. Mr. Weston stated that the
hearing is being recorded and broadcast for viewing and meeting minutes are also available.
Ms. Dababneh asked if Town Meeting members made themselves aware of the discussions.
Mr. Weston replied that is up to each individual. Ms. Dababneh asked if the Town Meeting
Members are able to be addressed. Mr. Weston informed Ms. Dababneh that she can ask to
speak on a topic at Town Meeting. Ms. Dababneh asked if they could be reached before
Town Meeting. Ms. Mercier informed her that the elected precinct members can be found
and reached out to. Ms. Hitch opined that there are a number of opportunities to provide
input, tonight as an example.
Ms. Dababneh expressed concern that outdoor events won't be as controlled as they need
to be. Mr. Weston stated that the Board tries to balance the rights of each property owner
without negatively impacting abutters and members of the public. He continued that Town
Meeting members help draft the rules and regulations of the bylaw.
Ms. Dababneh opined public input is not always included within CPDC Decisions. Ms. Adrian
reflected on her own experiences, first as an abutter to a large development, and now as a
now CPDC Member. Ms. Adrian opined that zoning amendments are the result of the need
for change. She continued that temporary events can include a discussion on the duration of
any given event.
Ms. Dababneh asked that screening of events and outdoor storage be required. Mr. Weston
opined that these are always considered, but items such as a Redbox or vending machine
may not require screening at all.
Mr. D'Arezzo joined the meeting. He stated he had been following along on RCN and is
caught up on the discussion. He stated he had a concern of a temporary event being
allowed on a permanent basis. Ms. Mercier stated that she will review this further and hopes
to have updates at the November meeting.
Minutes:
9/14/2020
Mr. D'Arezzo made a motion to approve the 9/14/2020 minutes as amended. Ms.
Hitch seconded the motion and was approved with a 5-0-0 vote.
10/5/2020
Mr. D'Arezzo made a motion to approve the 10/5/2020 minutes as amended. Ms.
Hitch seconded the motion and was approved with a 5-0-0 vote.
Adiournment
Ms. Hitch made a motion to adjourn the meeting at 9:45 PM. The motion was
seconded by Ms. Adrian and approved with a 5-0-0 vote.
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