HomeMy WebLinkAbout2023-01-09 Community Planning and Development Commission Minutes - Executive SessionRECEIVED
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Board - Committee - Commission - Council:
Community Planning and Development Commission
Date: 2023-01-09 Time: 7:30 PM
Building: Town Hall Location: Hybrid Meeting - Zoom and Select
Board Meeting Room
Address: 16 Lowell Street Session: Executive Session
Purpose: Hybrid Meeting Version: Final
Attendees: Members In person: Tony D'Arezzo; Pam Adrian; Heather Clish; John
Weston
Others Present in person: Community Development Director Andrew
MacNichol; Senior Planner Mary Benedetto
Remote Participants: Town Counsel Ivria Fried, Ethan Dively
Minutes Respectfully Submitted By: Mary Benedetto
Topics of Discussion:
MEETING HELD IN THE SELECT BOARD ROOM AND REMOTELY VIA ZOOM
Ms. Clish called the meeting to order at 7:30 PM.
Ms. Adrian made a motion that the CPDC enter Executive Session under Purpose 3 to
discuss strategy with respect to GC Fodera Contracting, Inc. v. CPDC 459 Main Street
litigation and to include Community Development Director Andrew MacNichol, Town Counsel
Ivria Fried and Ethan Dively. Mr. D'Arezzo seconded the motion and it was approved 4-0-0.
Executive Session
With respect to GC Fodera Contracting. Inc. v. CPDC (459 Main St litigation)
Mr. Dively stated that he attended the guidance session on how to proceed and confirmed
that a standard process of an appeal schedule will proceed. There will be discussion on
settlement offers that CPDC may or may not accept. If not accepted counsel will seek to
defend the Decision in court. It is expected that as discussions continue a full submittal to
the courts will be needed by March.
Mr. Dively summarized that the Applicant is looking to propose a 10 -unit development. The
building will be reduced from 4 -stories to 3 -stories and to convert all units to 2 -bedroom
units resulting in a net loss of one bedroom. Traffic Flow was discussed but there remains
limited opportunity to provide a structural infringement on left-hand turns out of the site.
There are no plans for review but the expectation is such will be drafted In the coming
weeks.
Ms. Fried stated that no additional funds for improvements were proposed by the Applicant.
There is still potential to ask for such as the discussions advance.
Ms. Adrian stated that some concerns of the previous project design still remain given the
site location.
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Mr. D'Arezzo opined that the proposal then and now does not require a lot of waivers, and
the waivers being sought may be justified given context. The CPDC must determine what it
is that can be Improved during this process.
Mr. Weston stated that there is no question this site will be developed in some capacity and
that a by -right fully commercial project is not necessarily less traffic generating. The
problem Is the parcels limitations in and of itself, on top of what the market needs of
today's world are. He questioned if the garage Itself could be lowered by another foot to
further reduce massing. He agreed with Ms. Adrian that while the revised project addresses
shadow impact and some site lines there is a lack of pedestrian improvements. He
continued that the Applicant has stressed pedestrian access as a benefit to Smartgrowth
development and as such they should seek Improvements for those users. He questioned if
the Town can help design sidewalk Infrastructure that supports pedestrians and makes a
left-hand vehicle tum out of the site awkward.
Ms. Clish found the proposed height reduction to be a benefit to abutters. She
acknowledged that the retail component Is still difficult to access and may not be viable. The
parking for commercial use is not clear and more pedestrian mitigation is necessary to
support access to such. She agreed that any change in material or design that makes left-
hand vehicle movements out of the site difficult would be an additional benefit as signage
alone Is not enough.
Mr. Weston asked if conditioning the commercial space to office use Is viable and worth
thinking about. Ms. Clish suggested there may be some negatives to restricting commercial
use to think through.
Ms. Fried stated that the parking count will remain as proposed. Ms. Clish stated excess
parking on-site should be dedicated to guest use to not conflict with commercial needs.
Mr. D'Arezzo asked if there was an update on Affordable Units being asked for. CPDC asked
for 2- Affordable Units but he opined he would consider 1 -unit to meet a 10% need. Mr.
MacNichol added that if some units cannot be SHI eligible the Applicant could review the
potential for "workforce housing" units in lieu of such. Ms. Fried stated at this time the
Applicant is not agreeing to provide Affordable Units.
Mr. D'Arezzo stated the Applicant should seek to coordinate with the abutting lot across
Washington Street for construction delivery, storage and/or other given their likely
redevelopment. Mr. Weston agreed more logistics and specifics on such should be provided.
Ms. Adrian asked about the administrative process and how these revisions get approved.
Ms. Fried replied that a plan set would be developed and if the CPDC agrees it meets the
requested needs it would proceed to a vote. Ms. Adrian asked how minutes are
administered. Ms. Fried recommended not releasing minutes while the appeal is ongoing.
The board may hold such In perpetuity or release at their discretion.
Ms. Adrian made a motion to exit executive session. Mr. D'Arezzo seconded the motion and
It was approved 4-0-0.