HomeMy WebLinkAbout1993-07-12 Community Planning and Development Commission MinutesTOWN OF READING
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
MINUTES OF JULY 12, 1993
A meeting of the Community Planning and Development Commission of
the Town of Reading was held in the Selectmen's Meeting Room of
the Town Hall, 16 Lowell Street in Reading, Massachusetts on July
1.2, 1993. In attendance were Richard Howard, Commission
Secretary, acting as Chair; and Members Nancy Shipes, William
Goodrich, and Thomas Baillie. Also present was Town Planner
Jonathan Edwards. The meeting was called to order at 7:37 PM.
APPROVAL OF PREVIOUS MINUTES
The minutes of the Commission's meeting of June 21, 1993 were
amended and accepted.
ELECTION OF OFFICERS
Given the absence of Mr. Barnes, the Commission decided to
postpone this matter to its next meeting.
SUNDRY MATTERS
Based on a recommendation of the Town Engineer, the Commission
voted 4:0 to approve a motion made by Ms. Shipes, seconded by Mr.
Goodrich, to reduce the bond held in connection with the Kurchian.
Lane subdivision by $42,887, so that $9600 will be retained.
Upon recommendation of the Town Engineer, the Commission voted
4:0 to approve a motion made by Mr. Baillie, seconded by Mr.
Goodrich, to endorse the definitive plans of the Autumn Lane sub-
division, and the Commission then did so.
The Commission members agreed to assign themselves as members of
various subcommittees of the Water Supply Task Force.
DECISION---NUGENT LANE DEFINITIVE SUBDIVISION PLANS
Mr. Edwards presented memoranda from the Town Engineer and the
Conservation Administrator, and reviewed the recent variances
granted by the Zoning Board of Appeals; then it reviewed the
several waivers requested by the applicant, including specifi-
cally the waiver request for sloped granite curbing and sidewalk
reduction. The Commission then voted 4:0 to approve a motion
made by Ms. Shipes, seconded by Mr. Baillie, as modified by an
amendment voted 4:0 made by Mr. Goodrich seconded by Ms. Shipes,
concerning condition #8, to approve these definitive plans with
conditions as reflected in a Notification to Town Clerk dated
July 13, 1993.
PROPOSED PLANNED RESIDENTIAL DEVELOPMENT_-BAY STATE ROAD
The Commission held a discussion with Mr. Robert Keegan concern-
ing his proposal to develop a Planned Residential Development on
his property on Bay State Road, together with his request that
the Commission ask the Board of Selectmen to place an article on
the Tarrant of the Fall 1993 Town Meeting to amend the Zoning Map
to apply a PRD--G zoning overlay district to this property
(Assessors Map 95 lots 7, 8, and 9). After review of Mr.
Keegan's sketch plan, and after a discussion of various issues
involved with it, the Commission voted 4:0 to approve a motion
made by Ms. Shipes, seconded by Mr. Baillie, to request the Board
of Selectmen to place such an article on the Fall `I'owa Meeting
warrant.
ADJOURNMENT
At 10:03 PM a motion was made and seconded to adjourn and the
Commission voted unanimously to do so.
Respectfully Submitted: Approved: e~
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Signed Date:
/ Richard Howard, Secretary
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RECEI'V'ED
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DEPARTMENT OF COMMUNITY DEVELOPMENT
TOWN OF READING
MEMORANDUM'
TO: Catherine 9uimby,.Town Clerk
' Clerk to the
FROM: Jonathan Edwards jommission
Development SUBJ: Decision--Definitive. Subdivision
DATE: July 13 , 1993
942-9012
Community Planning and
Plans: Nugent Lane
Please be advised that at its meeting of July 12, 1993, the Com-
munity Planning and Development Commission voted to APPROVE
Definitive Subdivision Plans, entitled "Nugent. Larie'', dated
November 4, 1992 as revised through June 18, 1993, with the fol-
lowing conditions-:
General Conditions:
1. Within thirty days of the date of this decision the Ap-
plicant shall submit to the Department of Community Develop-
ment and.to the Engineering Division, Department of Public
We
a.
b.
C.
d.
e.
f
,rks, satisfactory:
Covenant Agreement,
Conveyance of Easements and Utilities,
Roadway Coordinates,
Land Traverse,
Hydraulic Calculations,
Legal evidence of slope and landscaping easements on
abutters properties.
2. The requirements of the Board of Health and o the Conser-
vation Commission shall be met.
3. All necessary permits and approvals shall be. obtained prior
to construction and occupancy, including as appropriate but
not necessarily limited to: Street Opening Permit, Street
Tree Removal Permit, Sewer Extension Permit, Lot Releases,
Curb-Cut Permit, Building Permits, Proof of inspection and
certification of Minimum Cellar Floor Fleva lions, Conserva-
tion Orders of Condition for the subdivision and each
relevant lot.
4. No construction of any dwelling or roadway or utility im-
provement shall commence, nor shall any Lot Release issue,
prior to the receipt and acceptance by the Commission of
satisfactory: -
a. Evidence that a blasting permit, if necessary, has been
obtained and that all precautionary procedures required
by appropriate laws and regulations, including but. not
limited to provisions in 527 CMR: Board of Fare Preven-
tion Regulations 13.11: Blasting, as obtained from the
Fire Chief, have been adhered to and
b. Evidence that applicant shall bind all assigns and
agents, including contractors, subcontractors, and lot
buyers and house buyers and their assigns or agents,
including their contractors and subcontractors, to all
applicable conditions s»ecitied herein.
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5. Comments of Town Staff as contained in Town Planner memoran-
dum of January 11, 1993, except that the compensatory
benefit to the Town shall be 250 feet of sidewalk, and in
DPW--Engineering memoranda of January 11 and July 12, 1993
shall be addressed in full.
6. The Commission looks favorably upon the provision of under-
ground utilities.
7. Construction activity shall not take place in the subdivi-
sion or in any building contained therein except during the
following hours:
Mondays through Fridays inclusive: 7:00 AM to 8:00 PM,
Saturdays: 9:00 AM to 5:00 PM
Sundays and Legal Holidays: none.
8. There shall be no underground fuel storage tanks located
within this subdivision.
9. The applicant shall comply in full with any and all require-
ments of local and State Law and regulation regarding any
presence on the site of any hazardous or other environmen-
tally dangerous materials, including full compliance with
the requirements of Massachusetts General Laws, Chapter 21E.
10. The applicant shall require of all lot purchasers that con-
struction contractors shall maintain each lot in a clean and
presentable condition satisfactory to the Building Inspec-
tor, who shall require that dumpsters be used and maintained
sufficiently to meet this condition.
11. The applicant is put on notice that all grading shown shall
be fully adhered to.
12. A satisfactory agreement shall be executed by the aplicant
with the Department of Public Works concerning off-site
sidewalk improvements.
13. Parcel A shall be eliminated and the corresponding street
curve shall be straightened.
14. Brush within the Pearl Street right-of-way adjacent to 489
Pearl Street shall be trimmed back to establish sight dis-
tances in accordance with the Environmental Impact Statement
dated November 9, 1992.
15. Waivers requested as identified in the Town Planner's
memorandum of January 11, 1993 are hereby granted.
16. Tree Preservation:
a. Scope of Work:
After the cutting of vegetation and rough grading for sub-
division roadways but prior to any cutting of vegetation and
grading of any lot, the subdivision developer and a Tree
Review Committee, consisting of representatives of the Town
of Reading delegated by CPDC, including a member of CPDC,
subdivision site to review which existing site trees shall
be saved for one or more lots. Before this meeting the
developer shall have staked the corners of all lots and the
corners of all proposed dwelling locations, and the
developer shall have clearly marked with red flagging each
tree or group of trees the developer proposes to save. At.
this meeting, the Tree Review Committee shall approve or
amend on site such marked trees and any others they shall
deem appropriate to be saved, which shall immediately be
similarly marked by the developer. Should the developer ob-
ject or take issue with any determination of the Tree Review
Committee, the developer may appeal such determination to
the full CPDC.
Prior to the commencement of any lot grading, the developer
shall erect around all such marked trees barriers consisting
of at minimum 1"x 1" or similarly sturdy stock for shielding
around the trunks of such trees; these barriers shall be lo-
cated no closer than six (6) feet from the trunk of each
such tree or one-half (1/2) the distance from the trunk to
the drip line of each such tree, whichever is greater. Also
prior to the commencement of any lot grading, the developer
shall prepare a Record Plan showing the approximate loca-
tion, size, and type of all such marked trees to be saved
and submit such Plan to the Tree Warden for verification.
Any modification to the Record Plan may be made with the
agreement of the above parties.
The Town Planner shall not authorize the release of any lot
within the subdivision for construction and the Building In-
spector shall not issue a building permit for any lot within
the subdivision until certification is received from the
Tree Warden that these conditions have been fully and satis-
factorily fulfilled.
Large property areas, shown on the approved Definitive Sub-
division Plans by Limit of Work lines, containing protected
trees to be saved and separated from construction or land
clearing areas, street rights-of-way, or utility rights-of-
way or easements may be marked in lieu of the above by plac-
ing stakes a minimum of three (3) feet high and not more
than fifty (50) feet apart and tying highly visible ribbon,
plastic tape, rope, or the like from stake to stake along
the outside perimeters of such areas.
b. Tree Replacement:,
The developer shall provide replacement trees on each lot at
the ratio of at least one such tree for each 2,000 square-
feet of open area on such lot. Such open area shall be con-
strued as the total area of the lot less the proposed imper-
vious area on the lot as set forth in the hydraulic calcula-
tions submitted with the Definitive Subdivision Plan, and
for each lot shall be determined by the Tree Warden. Any
trees left in good growing condition, as judged by the Tree
Warden, on the site may be counted toward this requirement.
Selection of replacement trees in this regard, their number,
size, and species, shall be determined by CPDC upon the
2
recommendation of the Tree Warden on the basis of an
analysis of tree canopy cover, soil conditions, and other
relevant factors.
C. Prohibition of Activity or Disturbance:
Within the areas marked according to the above, there shall
occur:
-No grading or earth disturbing activities except hand-
work,
-No movement of equipment,
-No storage of fill, equipment, debris, supplies, or
any other materials.
d. Enforcement:
The Tree Warden, the Town Planner, or any CPDC member shall
conduct periodic inspections of the site during land
clearance and construction in order to ensure compliance
with these conditions. Should the Conservation Ad-
ministrator, Building Inspector, Town Engineer, Police Of-
ficer, or any other Town official observe violations or pos-
sible violations of these conditions, such official shall
immediately report same to the Tree Warden or the Town Plan-
ner.
e. Remediation:
Any tree shown on the above-mentioned Record Plan as to be
saved which, however, is removed or whose survival is ir-
redeemably jeopardized in violation of these conditions
shall be replaced in a manner to be determined solely by
CPDC on advice of the Tree Warden in accordance with the
following guidelines:
-Each such removed or jeopardized tree of less than 6"
calipre shall be replaced in kind by a tree of not
less than 2" calipre in as close to the original
location as possible,
-Each such removed or jeopardized tree of a calipre be-
tween 6" and 12" shall be replaced in kind by two
trees of not less than 4" calipre in as close to
the original location as possible,
-Each such removed or jeopardized tree of greater than
12" calipre shall be replaced in kind by two trees
of not less than 6" calipre at locations deter-
mined by CPDC with advice of the Tree Warden.
Failure by the developer to comply with these conditions ex-
peditiously mayresult in revocation of any and all con-
struction and/or occupancy permits issued in connection with
the subdivision; in addition the CPDC reserves the right to
withhold from bond reductions or releases in connection with
the subdivision sufficient sums to'cover the Town's costs of
remediation.
d
f. Tree Survival:
Should any tree subject to these policies or regulations re-
quire replacement, as determined by the Tree Warden, within
the periods set forth in the following table, the developer
shall immediately after such determination replace such tree
in accordance with the guidelines set forth in paragraph "e"
above:
-less than 4" calipre: one year
-4" to less than 6" calipre: two years
-6" calipre or more: three years
g. Emergencies:
When it is necessary to expedite the removal of damaged or
destroyed trees in the interest of public health, safety, or
general welfare following high winds, storms, hurricanes,
tornadoes, floods, freezes, fires, or other natural or man-
made disasters, the Tree Warden may, after defining the
geographic area of the emergency, suspend the requirements
of these conditions for a period of up to thirty (30) days
in the so defined area, provided that the Tree Warden report
the emergency to CPDC at its next scheduled meeting.
cc: James Nugent, 511 Pearl Street
Latham & Latham, 643 Main Street
DPW--Engineering
Tree Warden
Building Inspector
Conservation Commission
Board of Health
Fire Chief
Police Chief
Town Manager
F,