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HomeMy WebLinkAbout1993-03-08 Community Planning and Development Commission Minutesf ifi TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION MINUTES OF MARCH 8, 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, 13 Lowell Street in Reading, Massachusetts on March 3, 1993. In attendance were Richard Howard, Commission Secretary, acting at this meeting as Chair, and Members Nancy Shipes and William Goodrich. Also present was Town! Planner Jonathan Edwards. The meeting was called to order at 7:34 PM, APPROVAL OF PREVIOUS MINUTES The minutes of the Commission's meeting of February 22, 1993 were amended and accepted. PUBLIC INPUT Mr. Martin Curley, representing the developer of Carriage Estates--Phase II Subdivision, requested an extension of time for submittal of the items specified in the approval conditions as to be submitted within thirty days of the approval.. Mr. Edwards reported that ten days following the approval an appeal was filed in court, stopping the clock on time requirements for this sub- division, and that although all parties to the appeal, including the Commission, have agreed to a settlement, the settlement has not yet, been filed; therefore, the clock has not restarted.. The Ommission voted 3:9 to approve a motion made by Mr. Goodrich, seconded by Ms. ShiPes, to extend such time for submission to May 31, 1993. CONTINUED PUBLIC HEARING: DEFINITIVE SUBDIVISION PLANS: VARNEY CIRCLE Mr. Howard called to order a continued Public Hearing to consider Definitive Subdivision. Plans for Varney Circle. Mr. Bill Ber- geron, engineer for the applicant, related that the Conservation. Commission has issued an Order of Conditions relative to these plans, with minor changes regarding storm water discharge. Mr. 0. Bradley Latham, attorney for the applicant, presented a letter from the applicant (attached) which stated that the applicant in- tends to donate unbuildable Lot 5 or as a conservation easement on that lot. to the Town or similar open-space preservation or- ganization and that such act is of the free will of the ap- plicant.. Mrs. Henrietta Marotta,, an abutter on C Street, presented a letter (attached) expressing concern about the dis- position of that lot and any mater problems that may arise there- from. `1'ht- - C-lom ~sission voted 3:0 to approve a motion made by Ms. i~ C, 11 ~aC0 dad_ b Mr. {sTFodr1ch_ to close the Public Hearing. Then, the Commission voted 3:0 to approve a. motion made by Mr. Goodrich, seconded by Ms. Shpes, to approve these Definitive Plans subject to conditions as enumerated in a Notification to Town. Clerk (attached) dated March 10, 1993. DISCUSSION: SUBDIVISION TREE PROTECTION POLICY Mr. Howard opened a discussion with Mr. Bud Dickey,, Tree Warden., regarding a draft Subdivision Tree Protection Policy which Mr. Dickey, along with Mr. Edwards, have developed in order to im- prove the standards and procedures for ensuring the preservation of tree; in new subdivisions. The Commission offered many revi- sion, and refinements, to be reflected in a revised draft to be prepared by Mr. Edwards for further consideration and use, ini- tially as conditions to be placed on approvals of upcoming sub- division cases, and eventually, as modified through practical ex- perience, to be incorporated into revised Subdivision. Regula- tions., ADJOURNMENT Following an update on the proposed Fiscal Year 1994 Community Development Department budget and a discussion about it with the Town .Manager, at 19:17 PM a motion was made and seconded to ad- journ and the Commission voted unanimously to do so. Respectfully Submitted: Signer' ~ J_z_ bard Howard Secretary Approved: 3,(22- Date: 2 March 8, 1993 Town of Reading 16 Lowel Street Reading, Mass 01867 To: Whom It May Concern From: Enrichetta Marotta Subject: VARNEY CIRCLE 122 Haverhill Street DEP #270-249, RGB# 1992-25 In reviewing the minutes of the public hearings from CPDC and Conservation Committees held 6//8/92, 1/27/93, and 2/11/93 the applicants Catherine and Parris Varneys have always said that they would be willing to donate lot 5 to the town of Reading. At all the meetings the question was raised by Henrietta Marotta in reference `o lot 5 and its abutting my property located at 9 C Street, Reading, Mass. on "1%veral occasions, The Varney's said it would be no problem for them to donate this parcel to the town of Reading. because it was wetland. My recollection of all the meetings the response was that it would be donated, deeded and recorded at such as I expressed all the time to give me assurance that it would remain as part of the wetland I feel that an encroachment is being imposed on my property and I want to be clear of any future problems happenings. We have lived at this property for (15) fifteen years without any flood problems and I 11 certainly don't want to start now to deal with floods etc. If in the event of Lot 5 not recorded and deeded to the town, I willhold the Varneys and Town of Reading responsible for any damage. After all, when a citizen, let alone an abutter, attends the public hearing meetings and whatever is said at.that meeting cannot be taken as a true statement, I want the guarantee in writing. (I Henrietta Marotta, every meeting I attended to made several comments in reference to lot 5 and I was assured by the town CPDC and Conservation committee members that it would be done accordingly, and now come to find out that it is not so. Any approval or action contemplated on lot 5, I request in advance to be notified. Sincerely, RZU'4, rE-ffrichetta Marotta, a9vtter _7154- _c: CPCD Conservation Dept Varneys 122 Haverhill Street Bill Bergeron, Hayes Engineering DEPT-Wet Land Division 3 Mr. and Mrs. Parris Varney 122 Haverhill Street Reading, MA 01867 March 8, 1993 Reading Community Planning and Development Commission Town Hall 16 Lowell Street Reading, MA 01867 Re: Definitive Plan, Varney Circle, Reading, MA This is to confirm that we intend to gift to the Town of Reading, for conservation purposes, either the fee ownership or a conservation easement over that area shown as lot 5 on our subdivision plan, provided we obtain all final governmental permits, orders and approval (with no appeals being taken) to enable us to subdivide and develop our land in accordance with our pending applications, requests and the plans as prepared by our engineers and land surveyors . Sincerely, 4 RECEIVED T0111,114 CLERK RE_AD7ING. 6F, A ?d Cn i'Y ,.J `J. € 21 t t93 DEPARTMENT OF COMMUNITY DEVELOPMENT 942-9012 TOWN OF READING MEMORANDUM TO: Catherine Quimby, Town Clerk FROM: Jonathan Edwards, Clerk t the Community Planning and Development Commission SUBJ: Decision--Definitive Subdivision Plans: Varney Circle DATE: March 10, 1993 Please be advised that at its meeting of March 8, 1993, the Com- munity Planning and Development Commission voted to APPROVE Definitive Subdivision Plans, entitled "Varney Circle", dated November_19, 1992 as revised through February 2, 1993, with the following 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. Plan showing limit of work and all existing 12"-calipre or larger trees within said limit of work; all such 12"-calipre or larger trees within said limit of work and all 6"-calipre or larger trees outside said limit of work, if removed or destroyed due to work, shall be replaced with 3"-calipre or 1-1/2"-calipre trees, respectively, as determined by the Tree Warden, g. Compliance with Other Conditions listed below. 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 limited to provisions in 527 CMR: Board of Fire 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 specified herein. 5. Comments of Town Staff as contained in Town Planner memoran- dum of January 11, 1992, and in DPW--Engineering memorandum of January 11, 1993, except for item #6 thereof regarding curbing, 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- struc`tion 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 all grading shown is to be fully adhered to. B. SZther__C_Qn bons 1. The driveway serving Lot 2 shall be designed to be accept- able to the Fire Chief and the Department of Public Works. 2. An agreement between the applicant and the Department of Public Works detailing compensatory benefit activities in recognition of waivers granted, -including sidewalk improve- ments along Haverhill Street to Pitman Drive. 3. The sidewalk within the subdivision shall continue along the northerly side of Varney Circle to the driveway on Lot 2. cc: CPDC Conservation Commission Board of Health . Board of Selectmen Tree Warden DPW--Engineering Applicant, c/o Latham & Latham, 643 Main Street