HomeMy WebLinkAbout2024-08-12 Community Planning and Development Commission MinutesRECEIVED
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4F 1 Meeting Minutes
Board - Committee - Commission - Council:
Community Planning and Development Commission
Date: 2024-8-12 Time: 7:00 PM
Building: Town Hall Location: Hybrid Meeting - Zoom and Select
Board Meeting Room
Address: 16 Lowell Street Session: Open Session
Purpose: Hybrid Meeting Version: Final Approved
Attendees: Members In person: John Weston, Chair; Thomas Armstrong, Associate;
Heather Clish; John Arena; Hillary Mateev; Gaetano Manganiello
Others Present in person: Community Development Director Andrew
MacNichol; Senior Planner Olivia Knightly; Tony D'Arezzo, Michael
Salamone, Frank Lanzillo, Kyle Tornow
Remote Participants: David Conti, Giovanni Fodera, Susan Coram, Jared
Belliveau, Jack, Marnanne Downing
Minutes Respectfully Submitted By: Olivia Knightly
Topics of Discussion: Continued Public Hearing of a Major Modification to a Definitive
Subdivision, META Communities, Industrial District Redevelopment Planning
MEETING HELD IN THE SELECT BOARD ROOM AND REMOTELY VIA ZOOM
Mr. Weston called the meeting to order at 7:02 PM.
The Community Development Director, Andrew MacNichol, gave an overview of the hybrid
meeting procedures.
Continued Public Hearing. Maior Modification to a Definitive Subdivision.
Grandview Road Extension. Michael Salamone
Mr. MacNichol stated that the Major Modification was last discussed in June and that there
have been no updates to the plans by the applicant.
Giovanni Fodera, the project engineer, introduced himself.
Tony D'Arezzo, 130 John Street, stated that Mr. Manganiello should recuse himself due his
business relationship with Mr. Fodera.
Mr. Weston reminded the board of the conflict-of-interest self -disclosures process.
Mr. Manganiello stated that he and Mr. Fodera have no business relations but are cousins.
He added that this motion pre -cedes his time on the board so he cannot vote regardless on
this matter. Mr. MacNichol stated that Mullen rule forms were not received by Mr.
Manganiello or Mr. Arena so they cannot vote on this agenda item. Mr. MacNichol stated
that there Is only a conflict of Interest if there is financial benefit or a personal direct family
connection. Mr. Manganiello stated that his cousin Is the engineer for the project, not the
owner or the developer.
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The board continued to discuss Mullen rule forms and conflict of Interest disclosures as it
generally applies to the board.
Mr. MacNichol said that three voting members are needed to vote on the agenda Item.
Mr. D'Areuo stated a written disclosure needs to be made and submitted to the appointing
authority before the meeting begins. Mr. Weston said that Mr. Manganiello should recuse
himself from voting and from discussion at this time.
Mr. Manganiello recused himself from discussion.
Giovanni Fodera, the project engineer, spoke on behalf of the applicant. He stated that the
project was Initially proposed in 2021 as a four-lot subdivision with the existing house to
remain and construction of three new houses In the rear and an extension of Grandview
Road. The original plans proposed a subsurface Infiltration system between lots 2 and 3. Mr.
Fodera stated that between the original proposal and 2023 there was a modification to
change the drainage system to an above ground pond. Following this, the road was
constructed, and the pond was installed. The project came to a stop and the owner decided
to install a subsurface infiltration system as depicted in the initial 2021 proposal. Mr. Fodera
added that there have not been any changes to the design since the board last saw the
proposal in June and that the proposed subsurface infiltration will have a larger storage
capacity than the pond that was previously installed. He continued to say that lots 3 and 4
will be constructed but lot 2 will not be built on and will remain with the owner of 4 Cold
Spring Road. Mr. Fodera stated that the comments provided in the engineering memo will
be addressed with the Town engineering department.
Mr. Weston asked what the difference is between the June plans and the plans being shown
during the meeting. Mr. Fodera stated that there is no difference because they have not had
any communication with the engineering department prior to the meeting. Mr. MacNichol
reviewed prior comments provided by the board and how the engineering memo addresses
these concerns.
Mr. Armstrong asked who has responsibility for maintenance of the underground system.
Mr. MacNichol stated that lots 3 and 4 will be responsible and that the maintenance plan
needs to be approved by staff including the conservation commission.
Mr. Arena asked where the responsibility of lots 3 and 4 end. Mr. MacNichol stated that the
easement area is the entire infiltration system. Mr. Fodera stated that maintenance will be
outlined in the Operations and Maintenance (O&M) Plan and stormwater report. Mr. Arena
asked if the road would provide an easement to the town and be added to the road
inventory. Mr. MacNichol said that it will be maintained as private road, but the town will
seek easements for utilities.
Mr. Arena continued to ask clarifying questions about the plan and engineering memo.
Ms. Clish asked where a berm would be constructed If necessary to contain runoff because
space is limited. Mr. Fodero said that this will be worked out with the Engineering
department. Mr. MacNichol added that during the permitting process Town Staff or the
engineer will inspect the system to determine how well the drainage is working with the
grades.
Mr. Arena asked what the capacity of the underground storage unit is. Mr. Fodem did not
have the calculation available but stated that the underground system has a larger capacity
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than the pond and was designed in accordance with the Massachusetts Stormwater
Handbook and soil tests were completed to determine the calculations.
Ms. Clish asked how the potential future impervious area of Lot 2 is factored Into
storrnwater calculations. Mr. Fodera responded that this will not change because a self-
sufficient roof drywell will be Installed, and the driveway will be graded toward the cul-de-
sac and was taken Into consideration for the stormwater system. The driveway will direct
water to the catch basins In the cul-de-sac.
Mr. Armstrong asked If the rest of the criteria set by the engineering department are
reasonable and Mr. Fodera agreed. The board continued to ask clarifying questions.
Mr. Weston opened for public comment.
Mr. D'Arezzo asked about waiver number 7 where the applicant requests to grade onto town
land and Inquired whether the applicant has an easement to do so. Mr. Fodera said that it is
a temporary easement. Mr. D'Arezzo asked if the slops will be restored back to its original
grading. Mr. Fodera said that the slope would remain as designed. The board discussed
whether the easement was temporary, Mr. Weston stated that the applicant needs an
easement from the Town regardless.
Mr. MacNichol stated the applicant may not need a full easement from the Town, but that
further consideration in a condition would be warranted.
Ms. Clish asked If the grading already happened, Mr. Fodera stated that it did.
The board continued to deliberate on whether the applicant received a slope easement to
complete the work and asked Mr. Fodera questions relating to the steepness of the slope
supporting the roadway.
Ms. Clish asked who would ultimately be responsible for repairing the road and slope and
stated that it would be cleaner to have a formal easement between the applicant and the
Town.
Ms. Mateev asked if all waivers were previously granted. Mr. MacNichol confirmed yes.
Susan Coram, 31 Ridge Road, noted that the contour lines are steeply pitched to the site
and that there is water that collects there presently. Ms. Coram stated that lots 2, 3, and 4
are benefitting from the construction of the cul-de-sac. She added that the HOA Is geared
toward roadway and drainage maintenance and since the drainage system on lots 2 and 3
would be the responsibility of lots 3 and 4 she believes lot 2 should also have responsibility.
Ms. Coram added that this should be done before houses on lots 3 and 4 are occupied.
Mr. MacNichol stated that they conditioned lot 2 to tie into the infiltration system but they
would need to join the HOA. Ms. Coram asked if Lot 2 can be included in the HOA as just
land. Mr. MacNichol stated it cannot because the intention Is to deed the land back to
someone else. He added that the board has conditioned the HOA documents to be drafted
and provided to homeowners prior to occupancy permits so that they are made aware of
any requirements.
Mr. MacNichol read comments into record submitted by Penny lean, 4 Coldspring Road. She
noted that the stilt fence and erosion control has degraded over time. Mr. MacNichol stated
that the applicant has been advised to look into this. She also noted town property has
standing water collecting on it. Mr. MacNichol said they will be looking for the full drainage
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system to be implemented to understand the full scope of impact. Ms. lean also noted that
the port -o -potty should be better maintained, and that the drainage ditch has been
neglected and overgrown. Mr. MacNichol added that this part of the drainage system Is
proposed to be removed and improved. Ms. Jean also commented about access to the site,
but Mr. MacNIchoI stated this is a private dispute that needs to be resolved. Mr. Weston
added that Ms. Jean also commented on the existence of a spring or well on the site and
that this information has been conveyed to the engineer, conservation, and the applicants
engineer. Mr. MacNichol stated that no new findings or impacts were found in relation to
this.
Michael Salamone, the applicant, stated that his lawyer was available via zoom to answer
any questions.
Ms. Clish moved to continue the public hearing of the Major Modification to a
Definitive Subdivision for the Grandview Road Extension to September 9 and it
was seconded by Ms. Cfish. It was approved 4-0-0. (Armstrong, Weston, Clish,
Mateev)
MBTA Communities Discussion
Mr. MacNichol provided a summary of the July 31 MBTA Communities forum. He stated that
although consensus is challenging to achieve, there was support for several concepts. Mr.
Machlichol said that each concept aims to be as minimal in impact as possible and that staff
are happy to discuss any thoughts on the paper compliance option but there was an
understanding that the other concepts are reasonable and have public support. He added
that the Main Street or the Transitional Residential Concepts are the best fit at this time.
Mr. MacNichol stated that he hopes to identify the best path forward to write a bylaw and
hold the public hearing dates in September in conjunction with additional outreach in
November to build more confidence in the concept.
Mr. Weston stated that the board needs to determine the best option to move forward with
so that zoning language can be drafted.
The board discussed the remaining timeline in anticipation of Town Meeting.
Ms. Clish noted that each concept is a minimally compliant plan and stated that there is not
a clear majority in support of paper compliance. Mr. Weston stated that a paper compliant
plan may eventually result in more housing and development than the other concepts being
proposed.
Mr. Weston stated that If zoning Is created then there should not be the expectation that it
will never happen. He added that South Main Street is developing currently, and this trend
will continue whether it is rezoned or not.
The board discussed the recent passing of the Affordable Housing Act Bill that will allow
Accessory Dwelling Units by right In single family zones. Ms. Clish stated that the Town
should create zoning that satisfies the META Communities law first, and then can look at
other mechanisms to create additional housing.
Mr. Arena asked if the Town's MBTA submittal could be conditioned based on the current
assumptions under the law and if the law were to change if the Town would have the right
to review their submittal. Mr. Weston stated that the state will likely not allow a conditional
approval, and zoning laws frequently change. Mr. MacNichol said that the Town reserves the
right to amend zoning and propose new zoning amendments, but we ultimately still must
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comply with 3A in some fashion, but whatever we propose can be amended in the future if
compliance is maintained.
Ms. Clish stated that if the state law were to be struck down by the courts, then we could
return to Town Meeting and revert to our old zoning.
Mr. Arena Inquired about how the Existing Developments concept may not meet the Town's
needs. Mr. MacNichol stated that it does not meet the qualitative needs expressed by the
community. Mr. Arena asked if any of the proposals have the potential to be rejected. Mr.
MacNichol stated that due to the low unit capacity the Existing Developments concept may
have the potential to be non-compliant if the state cuts the estimated unit capacity In any
way.
Ms. Clish asked about the original guidance and whether communities are not supposed to
count existing developed areas. Mr. MacNichol said that the guidance discourages the
zoning of single parcels areas, but our existing developments concept contains multiple
parcels.
Mr. Weston stated that if the state rejected this proposal, they would likely allow additional
time to submit a new proposal.
Ms. Clish stated that the South Main option would get the town a lot of what people have
been asking for, Including affordable housing. Mr. Manganiello stated that we should
approach the zoning in the true spirit and making sure that things are going where they
truly belong.
The board discussed the concept allowances and what would be expected if each concept
were zoned.
Ms. Clish stated that conflict of Interest may be present among board members depending
on the concept geographies. Mr. Weston stated that if any board members have an
ownership interest in any areas, then they would need to recuse themselves of discussion
and voting. Mr. Manganlello stated that his two properties reside within concept areas but
would not benefit from these zoning changes.
The board continued to discuss the conflict -of -Interest rule and decided to provide Mr.
Manganlello with further guidance on how to proceed.
Mr. Weston stated the board should move forward with a decision and should schedule
another meeting to talk through their recommendation to the Select Board.
Marrianne Downing referenced the July 31 public forum and asked about changes to the
Downtown Lynchpin zone. She stated that these seemed substantial and would revert the
parking, density, and setback changes that were decided at Town Meeting. She Inquired If
people asked about these changes. Mr. MacNichol stated that not a lot of feedback was
received for the Downtown area but there were notes to review setbacks and controls
further. Ms. Downing stated that the Existing Developments concept provides a greater unit
capacity than the Eastern Gateway concept. Mr. MacNichol stated that the Eastern Gateway
concept is only 8 units above the minimum unit capacity and could potentially fall out of
compliance if unit capacity is lost.
The board continued to discuss the public hearing schedule and process
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Industrial District Redevelopment Planning Discussion
Mr. MacNichol stated that the Town received a grant award to conduct master planning for
the Easter Gateway/ Industrial District and recently awarded a contract to Form and Place
to conduct the long-term visioning process. He stated that a Municipal working team is
being formed as well as a steering committee to help vision the area. He provided an
overview of the area being included in the planning process.
Mr. MacNichol stated that he will be looking for a member of CPDC, RMLD, Town Staff, and
the Consultant to join the steering committee.
Board Reorganization
The board discussed Mr. Weston remaining as Chair. Mr. Weston stated he would be
interested in remaining as chair until December when META Communities is complete and
then someone else could become Chair.
Ms. Clish nominated Mr. Weston to remain as Chair, Mr. Manganiello seconded the
motion and it was approved 5-0-0 (Clish, Manganiello, Weston, Mateev, Arena).
Ms. Mateev nominated Ms. Clish as Secretary, Mr. Weston seconded the motion,
and it was approved 4-0-1 (Manganiello, Weston, Mateev, Arena). Ms. Clish
abstained.
Review of the Minutes
Mr. Armstrong moved to approve the meeting minutes from March 11, 2024, Mr.
Arena seconded the motion. It was approved 3-0-2 (Mateev, Clish, Weston) Mr.
Manganiello and Mr. Arena abstained.
Ms. Clish moved to approve the meeting minutes from April 8, 2024, Mr. Weston
seconded the motion. The minutes were approved as amended 3-0-2 (Mateev,
Clish, Weston). Mr. Manganiello and Mr. Arena abstained.
Ms. Mateev moved to approve the meeting minutes from July 15, 2024, Mr. Arena
seconded the motion. The minutes were approved as amended 4-0-1 (Mateev,
Clish, Weston, Arena). Mr. Manganiello abstained.
Adiournment
Ms. Mateev made a motion to adjourn. Ms. Clish seconded, and it was approved 5-
0-0 (Mateev, Clish, Weston, Manganiello, Arena).
Documents Reviewed at the Meeting:
• Grandview Road Extension
o Public Comment provided by Penny Jean, Dated )uly 31
o Engineering Memo, Dated August 8
• Draft Certificate of Appropriateness/Special Permit, Dated August 12
• META Communities (3A)
o Conceptual Maps
o Town Staff Draft Memo
• Draft CPDC Meeting Minutes from the Following Dates:
o March 11, 2024
o April 8, 2024
o July 15, 2024