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HomeMy WebLinkAbout1993-05-24 Community Planning and Development Commission MinutesTOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION MINUTES OF MAY 24, 1993 A meting of the Community Planning and Development Commission of the Town of Reading was held in the Selectmen's Meeting Room of the Town hall, 1.6 Lowell Street in Leading, Massachusetts on May 24, 1993. In attendance were Jonathan Barnes, Chair; Richard Howard, Commission Secretary; and Members William Goodrich and Thomas Bai.llie. Also present were Town Planner Jonathan Edwards and Town Engineer William Robertson. The meting was called to order at 7:42 PM. APPROVAL OF PREVIOUS MINUTES The minutes of the Commission's meeting of April 26, '1993 were amended and accented. APPROVAL-NOT--REQUIRED SUBDIVISION PLANS ---Plan of Land on Franklin Street dated April 29, 1993: The Com- mission voted 4:6 to approve a motion of Mr. Howard, seconded by Mr. Baillie, to endorse this plan subject to minor refinements acceptable to DPW, which was so endorsed; ---Plan of Land on Forest Street dated March 6, 1993: The Commis- sion voted 4:0 to approve a motion of Mr. Howard, seconded by Mr. Goodrich, to endorse this plan subject, to minor refinements ac-- cept.able to DPW, which was so endorsed. CONTINUED PUBLIC HEALING--DEFINITIVE SUBDIVISION PLANS: NUGENT LANE Mr. Barnes called to order a continued public hearing to consider definitive plans for the proposed Nugent Lane subdivision. Mr. O.Bradley Latham, attorney for the applicant, stated that a lot frontage variance application was still_ pending before the Zoning Board of Appeals in connection with the proposed common driveway on Lots 1 and 2, and requested a continuance. After Mr. Barnes and the Applicant executed an extension agreement for decision by June 23, 1993, the Commission voted 4-0 to approve a motion of Mr. Howard, seconded by Mr. Goodrich, to continue the public hearing to 8:00 PM on June 21, 1993. The Commission also voted 4:0 to approve a motion of Mr. Howard, seconded by Mr. Barnes to authorize Mr. Edwards to write to ZBA that the requested lot frontage variance, in this case, due to the wetlands preservation considerations behind it, does not conflict with CPDC's inten- tions for the amendment to the Zoning By--Law definition of frontage from which the applicant has requested variance. CARRIAGE ESTATES II FULFILLMENT OF PRE-CONSTRUCTION CONDITIONS Condition 1 of the approval conditions for the Carriage Estates II subdivision have been submitted and found acceptable to DPW-- Engineering; Mr. Robertson concurred and recommended that the Commission endorse the definitive plans, Jack Lavers, represent-- ing the abutter who had appealed the approval, stated that the proposed sewer elevations violated the settlement agreement for that appeal by not accommodating gravity sewer flow from the abutting property, which has other sewer connection available. Mr. Edwards reported 'T'own Counsel's opinion that the plans were consistent with the settlement agreement. Mr. Ogren pointed out that a note had been added to the plans stating that the Carriage Estates developer would pay for pumping facilities for the abut- ting land if a lift station proved to be necessary. The Commis- sion voted 4:0 to approve a motion of Mr. Goodrich, seconded by Mr. Howard, to endorse these subdivision plans provided that the note relative to payment for the installation of pumping facilities be removed from the plans. The Commission then voted 4:0 to approve a motion of Mr. Goodrich, seconded by Mr. Howard, that any reference to pumping facilities be deleted from the Covenant Agreement for this subdivision. The Commission then en- dorsed the plans. CONTINUED PUBLIC HEARING---DEFINITIVE SUBDIVISION PLANS: AUTUMN LANE Messrs. Latham and Ogren presented revised definitive Plans for the proposed Autumn Lane subdivision resulting from the comple- tion of review by the Conservation Commission. The Commission voted 4:0 to approve a motion of Mr. Howard, seconded by Mr. Baillie, to close the public hearing, whereupon the Commission voted 4:0 to approve a motion of Mr. Howard, seconded by Mr. Baill.ie, that the Definitive Plans for the Autumn Lane subdivi- sion be approved subject to conditions as set forth in a Notification to Town Clerk dated May 25, 1993. OTHER BUSINESS AND ADJOURNMENT The Commission derived a consensus that Mr. Goodrich be its nominee for appointment to the Pearl Street School Evaluation Committee and that Ms. Shipes be its nominee for appointment to the mater Supply Protection Task Force. At 11:12 PM a motion was made and seconded to adjourn and the Commission voted unanimously to do so. Respectfully Submitted: Signer hard Howard , Secretary Approved: Date: 4-11, 2 0 CLiERK !!T Z~ I PH DEPARTMENT OF COMMUNITY DEVELOPMENT TOWN OF READING MEMORANDUM TO: Catherine Quimby, Town Clerk FROM: Jonathan Edwards, Clerk to the Development Commissionl- SUBJ: Decision--Definitive Subdivision DATE: May 25 , 1993 942-9012 Community Planning and Plans: Autumn Lane Please be advised that at its meeting of May 24, 1993, the Com- munity Planning and Development Commission voted to APPROVE Definitive Subdivision Plans, entitled "Autumn Lane", dated February 26, 1993 as revised through April 7, 1993, with the fol- lowing conditions A. 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 Works, satisfactory: a. Covenant Agreement, b. Conveyance of Easements and Utilities, C. Roadway Coordinates, d. Land Traverse, e. Hydraulic Calculations., f. Calculations demonstrating: that frontage requirements of the Zoning By-Laws have been met for Lots 4 and 5. 2. The requirements of the Board of Health and of 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 Elevations, 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 tion Regulations 13.11: Blasting, as obtained from the Fire Chief, have been adhered to, and 3 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 specified herein. 5. Comments of Town Staff as contained in Town Planner memoranda of March 22, 1993 and in DPW--Engineering memoranda of March 22, 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. 7. There shall be no underground fuel storage tanks located within this subdivision. 8. 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. 9. 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. 10. The applicant is put on notice that the Commission expects that all grading shown shall be fully adhered to. 11. Tree Preservation: a. Scope of Work: After the cutting of vegetation and rough grading for subdivision roadways but prior to any cut- ting of vegetation and grading of any lot, the subdivision developer and representatives of the Town of Reading, in- cluding a member of CPDC, the Town Planner, and the Tree Warden, shall meet on the subdivision site to determine 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 represen- tatives of the Town 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 devel onp.r. 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 Inspector 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 satisfactorily 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. 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. C. 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 en- sure compliance with these conditions. Should the Conserva- tion Administrator, Building Inspector, Town Engineer, Police Officer, or any other Town official observe viola- tions or possible violations of these conditions, such offi- cial shall immediately report same to the Tree Warden or the Town Planner. d. Remediation: Any tree shown on the above-mentioned Record Plan as to be saved which, however, is removed or whose survival is irredeemably jeopardized in violation of these conditions shall be replaced in a manner to be deter- mined solely by CPDC on advice of the Tree Warden in accor- dance 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 shall result 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. e. Tree Replacement: In connection with the removal of any trees shown on the approved Definitive Plans to be removed or of any trees not shown on the above-mentioned Record Plan as to be saved, 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 remaining after initial lot clearing consistent with paragraph a above, such open area to be determined by the Tree Warden. Any trees left in good growing condition, as judged by the Tree Warden, on the site shall be counted toward this re- quirement. Selection of replacement trees in this regard, their number, size, and species, shall be determined by CPDC upon the recommendation of the Tree Warden on the basis of an analysis of tree canopy cover, soil conditions, and other relevant factors. f. Tree Survival: Should any new tree planted either on lots or as required street trees, and all replacement tree planted anywhere in the subdivision expire, as determined by the Tree Warden, any time within two years after planting, it shall immediately after such determination be replaced in kind, size, and location. 9. 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 War- den may, after defining the geographic area of the emer- gency, 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: DPW--Engr, Tree Warden, Fire Chief, Police Chief, Health Dept., Cons. Comm. , Bldg. Insp., Town Mgr. ; Applicant: Presidential Development, 314 Main St Wil- mington 01880; Latham & Latham 14