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HomeMy WebLinkAbout2019-11-14 Subsequent Town Meeting MinutesSUBSEQUENT TOWN MEETING Reading Memorial High School November 14, 2019 Performing Arts Center The meeting was called to order by the Moderator, Alan E. Foulds, at 7:35 PM, there being a quorum present. The Pledge of Allegiance to the Flag was said by all. The following announcements were made by the Moderator: Town Meeting will be asked to make a few changes in the order of articles taken up this evening. For Article 18 we have a main proponent here early tonight, so it will be asked that we begin with that one. Also, Town Counsel says that the attorney most familiar with our proposed zoning bylaw changes is here tonight, so it would be advantageous to take articles 13-16 up, Immediately after article 18. Assuming that we change the order, we would then return to where we left off on Tuesday - with article 4. Since much of the debate on the substance of this article was already taken up on Tuesday, I would ask that we try not to repeat everything that's already been said. Motion made by Venessa Alvarado, Select Board to dispense of the reading of the warrant and all motions in their entirety. Motion Carried Motion made by Bill Brown, Precinct 8 to take Article 18 out of order. Motion Carried ARTICLE 18: Motion made by Citizens Petition to see if the Town will vote to name the lighted softball field in the Birch Meadow complex 'Francis 'Frank' Driscoll field"; or take any other action with respect thereto. Backaround: To be presented by the Petitioners at Town Meeting. Finance Committee Report: No report Bylaw Committee Report: No report Select Board Report: The Select Board on October 15, 2019 voted 4-0 to support this Article. Presentation given by: • Bill Brown • Stacie Driscoll Hall • Caitlin Driscoll Salmon Being from a family who coined the term "Townie, we wanted to write to you all on behalf of our whole family. Our father, Frank Driscoll, loved this town; and did more for it than anyone on this Board could Imagine. He poured his heart and soul into this town, and for this reason, the family feels the town should lip.,. SUBSEQUENT TOWN MEETING Reading Memorial High School November 14, 2019 Performing Arts Center honor him in some way. Given that the vast majority of our Dad's time was devoted to his love of softball, we happily stand behind Bill Brown's petition in recommending that the town honor his dedication, hard work, and love for the sport, by naming the Varsity Softball Field for him. Frank spent the majority of Stacie's life and Caitlin's whole life, participating in softball in some manner. Whether it be playing Men's softball himself, attending meetings /practices /games for RYS (Reading Youth Softball, an organization of which he was president for decades), initiating and establishing tournament travel teams (Reading Rage and Reading Riptide), or the High School Junior Varsity team; Dad spent countless hours at the Birch Meadow Complex. Even if "his team wasn't playing, Dad was constantly making sure that the fields were maintained, games were running smoothly, and most importantly, the players were having fun. Frank's dedication to the Town of Reading truly was limitless; but those that knew him best know that one of his top passions in Reading was Softball. The impact he had on his players - and their families - was life -changing and the relationships he built were life-long. Countless people remember Dad's commitment, enthusiasm, and resolve in making Reading Players the best they could be. It would be only fitting for the Town to recognize our Dad for the passion he had for Reading Softball. We thank you for your attention and consideration In this. Stacie Anne (Driscoll) Hall Caitlin Elizabeth (Driscoll) Salmon Motion Carried ARTICLE 13: Motion made by Community Planning and Development Commission that the Town vote to amend the Zoning Bylaw as follows: 1. By inserting into Section 5.6.5.3, in appropriate alphabetical order, a new definition, as follows: Hemp: As defined in MGL Chapter 94G, Section 1 2. By deleting the definition of Marijuana, in its entirety, from Section 5.6.5.3, and inserting, in place thereof, a new definition, as follows: Marijuana: As defined in MGL Chapter 94G, Section 1 Presentation given by: - See Attached • Tony D'Arezzo Background: Article 13 is an amendment to Section 5.6.5.3 of the Zoning Bylaw, Definitions, under Section 5.6.5 Special Requirements for Registered Medical Marijuana Dispensaries. Article 13 removes the current definition of Marijuana and replaces it with the definitions of Marijuana and Hemp found in MGL Chapter 94G, Section 1. The Town's existing regulations for Medical Marijuana and the Town's existing prohibition of commercial Marijuana Establishments are NOT proposed to change with this amendment. The current Zoning Bylaw definition of Marijuana Includes, and effectively prohibits, 'all parts of the plant Cannabis sativa L.' As such, the current definition also effectively limits the Town's ability to establish 2IPa 9e SUBSEQUENT TOWN MEETING Reading Memorial High School November 14, 2019 Performing Arts Center regulations for hemp and hemp -derived products that are separate from the Town's regulations for Marijuana, should the Town so choose. As proposed under this amendment, establishing distinct definitions for Marijuana and Hemp, and aligning these definitions with the MGL Chapter 94G, Section 1 definitions, will enable the Town to establish separate regulations and to more easily enact and enforce the Commonwealth's policy initiatives, should the Town so choose. An affirmative vote for this amendment will change the definition of Marijuana and add a definition of Hemp; it will NOT change the Town's existing regulations for Medical Marijuana or the Town's existing prohibition of commercial Marijuana Establishments. A negative vote for this amendment will leave the current definition of Marijuana under Section 5.6.5.3 as is and all parts of the plant, including Hemp, will be prohibited. The MGL Chapter 94G, Section 1 definitions of Marijuana and Hemp are as follows: (e) "Hemp", the plant of the genus Cannabis or any part of the plant, whether growing or not, with a delta -9 -tetrahydrocannabinol concentration that does not exceed 0.3 per cent on a dry weight basis of any part of the plant of the genus Cannabis, or per volume or weight of marijuana product, or the combined per cent of delta -9 -tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus Cannabis regardless of moisture content. (g) "Marijuana" or "Marihuana", all parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in Section 1 of Chapter 94C of the General Laws; provided that "Marijuana" shall not include: (1) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; (2) Hemp; or (3) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. Finance Committee Report: No report Community Planning and Development Commission Report - aiven by Tony D'Arezzo: On Monday, June 10, 2019, the CPDC convened to hold a public hearing on the proposed Article 13. All documents were made available on the town website. The public hearing was held to provide an opportunity for comment and to determine whether the provisions of the proposed Zoning Bylaw Amendment shall be adopted by the Town. The June 10, 2019 public hearing was opened at approximately 8:45 p.m., and closed after discussion. Any comments received at the hearing were included as part of the record of the hearing. On June 10, 2019, the CPDC voted 5-0-0 to recommend Article 13 to Town Meeting. Bylaw Committee Report: No report 2/3rd Vote Required 136 in the affirmative 2 in the negative 158 Town Meeting Members in Attendance 31Page SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center Motion Carried November 14, 2019 ARTICLE 14: Motion made by Community Planning and Development Commission that the Town vote to amend the Zoning Bylaw as follows: 1. By deleting Note 1 and all references thereto from Section 5.3.1, Table of Uses for Business and Industrial Districts, and renumbering existing Notes 2 through 6, and all references thereto In the Table, as Notes 1 through 5, respectively, to account for these deletions. 2. By revising Note 1 to Section 5.3.2, Table of Uses for Residence Districts, as shown below, with additions being shown in bold and deletions being struck through: 1. In a Residence District, a single-family dwelling existing prior to April 1942, which at that time had at least eight (8) finished and habitable principal rooms, upon receipt of a Special Permit from the Zoning Board of Appeals, may be altered converted into a two-family dwelling, provided that the conversion does not increase the gross floor area of the structure by the lesser of 1000 square feet or one-third of the gross floor area of the dwelling existing on the date of application for conversion or on January 1, 2020, whichever is earlier, and that the external appearance of a the existing single-family dwelling is retained. After a structure is converted to a two-family under this Footnote, no future additions to the structure will be allowed. At such time that the original pre -1942 single-family dwelling Is voluntarily demolished, rights to a two-family under this Footnote - whether granted by -right (prior to November 2019) or by Special Permit - shall be discontinued. 3. By removing Note 1 from the entry In Table 5.3.2 for "Single Family Dwelling" under the column for the RES/S-15/S-20/S-40 Zoning Districts, and assigning Note 1 to the entry for Two -Family Dwelling under the column for the RES/S-15/S-20/S-40 Zoning Districts. Presentation given by: - See Attached • Tony D'Arezzo Background: Article 14 is an amendment to Footnote 1 of Section 5.3.1, Table of Uses for Business and Industrial Districts, and Section 5.3.2, Table of Uses for Residence Districts, of the Zoning Bylaw. Footnote 1 is a provision that allows single-family homes to be altered into two-family homes by - right If certain conditions are met. In recent years, interpretation and administration of Footnote 1 has presented challenges for staff and applicants, as the parameters and intent of the Footnote are unclear. Article 14 removes Footnote 1 entirely from Table 5.3.1 because it is redundant: two-family homes are allowed by -right in the Business A Zoning District. Article 14 corrects the location of Footnote 1 In Table 5.3.2, clarifies the language and parameters for conversion, and establishes that it will be allowed by Special Permit from the Zoning Board of Appeals. The Special Permit process requires abutter notification and a public hearing, which is Important given that Footnote 1 essentially allows a change of use (single- to two-family) and the potential for a change to neighborhood character. Finance Committee Report: No report 4lvage SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center November 14, 2019 Community Plannina and Development Commission Report - aiven by Tony D'Arezzo: On Monday, June 10, 2019, the CPDC convened to hold a public hearing on the proposed Article 14. All documents were made available on the town website. The public hearing was held to provide an opportunity for comment and to determine whether the provisions of the proposed Zoning Bylaw Amendment shall be adopted by the Town. The June 10, 2019 public hearing was opened at approximately 9:00 p.m. Any comments received at the hearing were included as part of the record of the hearing. The public hearing was continued to Monday, July 8, 2019, and again to Monday, August 12, 2019 to allow time for further discussion and public Input. The public hearing was closed on August 12, 2019, and the CPDC voted 3-0-0 to recommend Article 14 to Town Meeting. Bylaw Committee Report: No report Motion to amend by lames Maughan, Precinct 4 as follows: January 1, 2020, whichever is earlier, and that the external appearance of the an existing single-family dwelling is retained. Motion to Amend Does Not Carry Motion to amend by James Maughan, Precinct 4 as follows: January 1, 2020, whichever is earlier, and that the external appeamnee character of the existing single-family dwelling is retained. Ibl'•ii�IIiT71'TST BZf'-Li;L•I;eiTiS`7 Motion to amend by David Talbot, Precinct 5 as follows: January 1, 2020, whichever is earlier, and that the external appearance of the existing single-family dwelling is retained. However, if no Increase in gross floor area is proposed to the existing single-family structure as part of conversion, then the Special Permit shall not be required. Motion Carried Motion to amend by Steven Cool, Precinct 6 as follows: January 1, 2020, whichever is earlier, and that the external appearance of the existing single-family dwelling is substantially retained. SiPege SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center November 14, 2019 Motion to amend by Fausto Garcia, Precinct 3 as follows: After a structure is converted to a two-family under this Footnote, no future additions to the structure will be allowed. At such time that the original pre- April 1942 single-family dwelling is voluntarily demolished, rights to a two-family under this Footnote - whether granted by -right (prior to November 2019) or by Special Permit - shall be discontinued. Motion Carried Motion to amend by Bruce Mackenzie, Precinct 8 as follows: After a structure is converted to a two-family under this Footnote, no future additions to the structure will be allowed. At such time that the original pre -1942 single-family dwelling is voluntarily demolished, rights to a two-family under this Footnote - whether granted by - right (r:;c: tc NavembeF 2919) or by Special Permit - shall be discontinued. Motion Carried Motion to amend by Nicholas Boivin, Precinct 7 as follows: January 1, 2020, whichever is earlier, and that the external appearance as a efthe-egg single-family dwelling is retained. Counted Vote 83 in the affirmative 54 in the negative 158 Town Meeting Members in Attendance Motion Carried Motion to amend by Cynthia Tozian-Cool, Precinct 6 as follows: In a Residence District, a single-family dwelling existing prior to April 1942, which at that time had at least eight (8) finished and habitable principal rooms, upon receipt of a Special Permit from the Zoning Board of Appeals, may be converted into a two-family dwelling, provided that the conversion does not Increase the gross floor area of the structure by the lesser of 1000 square feet or one-third of the gross Floor area of the dwelling existing -en-th date f -'- "' 2029,and that the external appearance of the existing single-family dwelling is retained. Motion to Amend Does Not Carry 61Pa9 SUBSEQUENT TOWN MEETING Reading Memorial High School November 14, 2019 Performing Arts Center After some discussion a vote was taken 2/3rd Vote Required 136 in the affirmative 4 in the negative 158 Town Meeting Members in Attendance Motion Carried as Amended ARTICLE 15: Motion made by the Community Planning and Development Commission that the Town vote to amend the Zoning Bylaw as follows: 1. By inserting in Section 2.0, Definitions, in alphabetical order, the following definition: Mixed Use: The combination of two or more permitted principal uses from different principal use categories in the Table of Uses, one of which is a Residential Use, within a structure or project. 2. By adding new Section 5.2.4, to read as follows: 5.2.4 Any lot or structure within a Business or Industrial District may contain multiple principal and accessory uses insofar as each use is permitted either by -right or by special permit in that district. If one of the uses is a Residential Use, then the Mixed - Use Regulations shall apply. 3. By inserting a new row to Section 5.3.1, Table of Uses for Business and Industrial Districts, under the category of "Other Uses" and immediately following the existing row for "Live/Work Facility," as follows: 4. By adding a new Section 5.6.8, to read as follows: 5.6.8 Mixed -Use Regulations In a Mixed -Use project, the uses may be combined either horizontally or vertically. In a Mixed -Use project, the uses may be combined within the same structure, as described herein, or separated into different structures If approved by the CPDC. Mixed -Use projects along south Main Street shall be designed to comply with the South Main Street Design Best Practices, to the maximum extent practicable. The CPDC may, by Special Permit, authorize a Mixed -Use project within the Business A or Business C zoning districts, provided that the following requirements are met: 5.6.8.1 Dimensional Requirements The Intensity Regulations of Section 6.0 and the Dimensional Requirements of Table 6.3 shall apply, with the following exceptions: a A Mixed -Use project proposed on a corner lot may have a 0' setback from both streets. J�Pa9e SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center November 14, 2019 b A Mixed -Use project with a permanent shared parking arrangement with any abutting property may have a 0' setback from said abutting property. 5.6.8.2 Commercial Component a The gross Floor area dedicated to commercial space within a Mixed -Use project shall be not less than 25% of the gross Floor area of the structure or structures comprising the project, after spaces for access, circulation, egress, mechanicals, and utilities are netted out. b A Mixed -Use project that provides space for existing commercial tenants, so as to maintain current viable businesses on the premises post -redevelopment, shall be given favorable consideration on requests for waivers, dimensional or otherwise. 5.6.8.3 Residential Component a In the portion of a Mixed -Use project that fronts on Main Street, residential units shall be located at the rear or on upper Floors only. b Affordable units shall be provided in projects of ten (10) or more residential units, as follows: 1 A minimum of 10% of units shall be made affordable to households earning at or below 80% of Area Median Income, as determined annually by the United States Department of Housing and Urban Development (HUD). 2 Fractional numbers shall always be rounded up (i.e., 1.4 shall be rounded up to 2). 3 The CPDC may waive or allow Flexibility for certain dimensional requirements of Section 6.0 and Table 6.3 for a Mixed -Use project that provides at least 10% of units at or below 50% of Area Median Income, OR that provides at least 15% of units at 80% of Area Median Income. 5.6.8.4 Parking a Parking for residential units shall be provided at a minimum ratio of 1.25 per unit. b Parking for commercial uses shall be provided at a minimum ratio of 1 per 300 square feet. Shared parking arrangements between sites are encouraged for commercial uses. c Up to 30% of the total required parking spaces for a Mixed -Use project may be striped and marked as compact spaces (8'X 16'). d A comprehensive parking plan shall be submitted that shows that the parking for the Mixed -Use project Is sufficient in terms of the residential use, as well as the commercial use, detailing how both would work together and be managed. e Bicycle parking shall be provided in any residential parking garage, and on- site for commercial uses. f A Mixed -Use project that provides one or more electric vehicle charging stations, or accommodations for car -sharing (e.g. Zip Car), or one or more spaces for App Ride/TNC drop-off and pick-up shall be given favorable consideration on requests for waivers, dimensional or otherwise. 5.6.8.5 Loading a Loading shall not be staged on Main Street or on any principal streets, side streets or residential streets. b Loading spaces shall be contained entirely on the property of the Mixed -Use project. 8l raga SUBSEQUENT TOWN MEETING Reading Memorial High School November 14, 2019 Performing Arts Center c One (1) loading space shall be provided for each Mixed -Use project. d An Applicant shall provide a Loading Management Plan that clearly describes how loading for commercial and residential uses will occur and be managed, and how any adverse impacts of such to residential tenants and abutters will be avoided and/or mitigated. 5.6.8.6 Curb Cuts and Driveways a A Mixed -Use project should strive to limit the number and length of curb cuts on Main Street. Where feasible, the Site Plan may consider alternative access points from side streets. b A Mixed -Use project that provides for a future driveway connection to an adjacent parcel or parcels shall be given favorable consideration on requests for waivers, dimensional or otherwise. 5.6.8.7 Waivers a Upon request from the Applicant, the CPDC may consider waiving dimensional and/or other requirements from Sections 5.6.8 and 6.0, and Table 6.3, to promote design flexibility and achieve appropriate density, affordability, mix of uses or design quality if it finds such waiver(s) maintain the intent, purpose and objectives of these Sections. b The provisions of Sections 5.6.8.2 and 5.6.8.3 shall not be waived. or take any other action with respect thereto. Presentation given by: - See Attached . John Weston Background: Article 15 is an amendment to Section 2.0, Definitions, and Section 5.0, Use Regulations, of the Zoning Bylaw. Article 15 adds a definition of Mixed -Use to Section 2.0 and creates a process and regulations for Mixed -Use in Section 5.0. Specifically, the use will be allowed by Special Permit from the Community Planning & Development Commission (CPDC) in Business A and Business C Zoning Districts. There are Business A Zoning Districts throughout Town: the largest districts flank both sides of south Main Street; there are smaller districts at the center of Main Street (including the Gulf Station), at the north end of Main Street (including Home Goods), and in the southwestern part of Town (including the Mobil Station on West Street). The Business C Zoning District is located at the southern end of Town and is almost entirely built -out with the Reading Woods housing development. As such, the focus of these amendments is Business A; Business C is only included to avoid conflicts with other sections of the Zoning Bylaw. The current Zoning Bylaw allows both multi -family and commercial uses in Business A and Business C, but whether mixed-use is allowed is unclear, and the current regulations for multi -family make projects with a multi -family component practically difficult to achieve. Article 15 will define Mixed -Use, expressly allow Mixed -Use by Special Permit from the CPDC, and will establish regulations specific to Mixed -Use that attempt to honor the Main Street commercial corridor while allowing enough flexibility that housing can be a viable component of any Mixed -Use redevelopment project. The regulations include provisions regarding: dimensions and setbacks (more about this in Article 16); the commercial component; the residential component, including an affordability requirement; parking and loading requirements; curb cuts and driveways; and waivers. Finance Committee Report: No report 91 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center Bylaw Committee Report: No report November 14, 2019 Community Planning and Development Commission Report given by John Weston: On Monday, June 10, 2019, the CPDC convened to hold a public hearing on the proposed Article 15. All documents were made available on the town website. The public hearing was held to provide an opportunity for comment and to determine whether the provisions of the proposed Zoning Bylaw Amendment shall be adopted by the Town. The June 10, 2019 public hearing was opened at approximately 9:15 p.m. Any comments received at the hearing were included as part of the record of the hearing. The public hearing was continued to Monday, July 8, 2019, and again to Monday, August 12, 2019 to allow time for further discussion and public input. The public hearing was closed on August 12, 2019, and the CPDC voted 3-0-0 to recommend Article 15 to Town Meeting. Motion to amend by Jonathan Barnes, Precinct 5 as follows: 5.6.8 Mixed -Use Regulations In a Mixed -Use project, the uses may be combined either horizontally or vertically. In a Mixed -Use project, the uses may be combined within the same structure, as described herein, or separated into different structures if approved by the CPDC. Mixed -Use projects along south Main Street shall be designed to comply with the South Main Street Design Best Practices, tothe -ma; maximum extent pmeticable. The CPDC may, by Special Permit, authorize a Mixed -Use project within the Business A or Business C zoning districts, provided that the following requirements are met: Motion Carried Motion to amend by Jonathan Barnes, Precinct 5 as follows: f CPDC may waive or allow flexible for certain dimensional or the requirements for a A Mixed -Use project that provides one or more electric vehicle charging stations, or accommodations for car -sharing (e. g. Zip Car), or one or more spaces for App Ride/TNC drop-off and pick-up Motion Carried Motion to amend by Jonathan Barnes, Precinct 5 as follows: b CPDC may waive or allow flexible for certain dimensional or the requirements for a A Mixed -Use project that provides for a future driveway connection to an adjacent parcel or 101 Pa g SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center November 14, 2019 parcels shall be given favorable consideration on requests for waivers, dimensional or otherwise. Motion Carried Motion to amend. by Maryellen O'Neill, Precinct 4 as follows: a A Mixed -Use project proposed on a corner lot may shall have a minimum of 5' 6 setback from both streets. Motion Carried Motion to amend by Angela Binda, Precinct 5 as follows: b CPDC may waive or allow flexible for certain dimensional or the requirements for a A Mixed -Use project that provides space for existing commercial tenants, so as to maintain current viable businesses on the premises post -redevelopment, 919a8 -been Motion Carried Motion to amend by Danica Medeiros, Precinct 3 as follows: d A comprehensive parking plan shall be submitted that shows that the parking for the Mixed -Use project is sufficient in terms of the residential use, as well as the commercial use, detailing how both would work together and be managed and how overflow parking of employees and customers will be mitigated. Motion Carried Motion to amend by by David Talbot, Precinct 5 as follows: b A Mixed -Use project with a permanent shared parking arrangement with any abutting non -residentially zoned property may have a 0' setback from said abutting property. Motion Carried Motion by Bill Brown, Precinct 8 to adjourn at 10:58 PM Motion Does not Carry 111 P a,, SUBSEQUENT TOWN MEETING Reading Memorial High School November 14, 2019 Performing Arts Center Motion to amend by Bruce Mackenzie, Precinct 8 as follows: 3 The CPDC may waive or allow flexibility for certain dimensional requirements of Section 6.0 and Table 6.3 for a Mixed -Use project that provides at least 10% of units affordable to households earning at or below 50% of Area Median Income, OR that provides at least 15% of units affordable to households earning at 80% of Area Median Income. Motion Carried After some discussion a vote was taken 2/3rd Vote Required 114 in the affirmative 1 in the negative 158 Town Meeting Members In Attendance Motion Carried as Amended On motion by Bill Brown, Precinct 8 it was voted that this Subsequent Town Meeting stand adjourned to meet at 7:30 PM at the Reading Memorial High School Performing Arts Center, on Monday, November 18, 2019. Meeting adjourned at 11:04 PM with 158 Town Meeting Members in attendance. Motion Carried A true copy Attest: Laura A Gemme, CMC /CMMC Town Clerk 121 Pa g