HomeMy WebLinkAbout2001-10-29 Community Planning and Development Commission MinutesTOWN OF READING
16 Lowell Street
Reading, MA 01867-2683 ;
Phone: 781-942-9012
Fax: 781-942-9071
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Email: akrie;Y@ci.reading.ma.us_
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
CPDC MINUTES
Meeting Dated: October 29, 2001
Members Present: Richard Howard (RH), Chairman; Kathryn Greenfield (KG),
Secretary, Jonathan Barnes(JB); Neil Sullivan (NS)
Also Present: Joseph Delaney, Tozon Engineer (JD); Anne Krieg, Tozvn Planner (AK)
The Chair called the meeting to order at 7:40 PM.
ADMINISTRATIVE REVIEW
Fanta Road
AK/ JD reviewed process of subdivision endorsement, covenants and
construction monitoring
RH requested staff to be more formal in their bond reduction recommendations.
Bond establishment shall be considered at the CPDC meeting scheduled for
November 5, 2001
Approval Not Required Plans
Haverhill Street/Symonds Way
AK reviewed the plan with the Commission.
1B moved to endorse plan at said address. KG seconded. All in favor
CONTINUATION OF A PUBLIC HEARING: FLOODPLAIN DISTRICT
ZONING AMENDMENT
C:\My Docuinents\CPDC\Agenda-Minutes\10.29.01. minutes.doc
Last printed 06/17/0210:38 AM
Created by Anne Krieg
Created on 12/03/014:15 PM
TOWN OF READING
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
Minutes for Meeting dated: October 29, 2001
The editions suggested by the By Law Committee were discussed and accepted
by the Commission.
KG moved the following:
We, the Reading Community Planning and Development Commission, under the
provisions of Massachusetts General Laws Chapter 40A, Section 5, to consider a
zoning by-law amendment for inclusion in the Subsequent Town Meeting for
November 2001, do hereby vote; to forward the following language to the Town
Meeting with a favorable recommendation:
"Remove all text from Section 4.4.A1 as shown and re-number accordingly:
Remove all text from Section 4.4.A2 including said exhibits from the overlay district
map.
Insert the following text:
4.4A.1. Boundaries of the National Flood Insurance Flood Management District.
The Floodplain District shall be the boundaries of the National Flood Insurance Flood
Management District and shall include those areas denoted as Zone A (all suffixes) and
Zone B as shown on the Federal Emergency Management Agency Federal Insurance
Administration Flood Insurance Rate Map for the Town of Reading, Massachusetts all
panels available, utltizing the most recent effective date as may be amended.
4.4A.2 Applicability
Any property shown within the boundaries of 4.4A1 shall be subject to the requirements
herein of Section 4.4. as the Floodplain District.
Remove all text in 4.4A3.
Insert the following text.
4.4A.3. Uses Permitted in the National Flood Insurance Flood Management District:
When Section 4.4A.1 applies, then all otherwise applicable provisions of Sections 4.4.
and Section 4.5. will also apply.
Remove all text in Section 4.4.4.2.
Insert the following text.
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TOWN OF READING
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
Minutes for Meeting dated: October 29, 2001
4.4.4.2 If any land defined in the By-Laws as being in a Floodplain District is proven to
be in fact neither subject to flooding nor unsuitable for human occupancy because of
drainage and topographic conditions, and if the use of such land will not be detrimental
to the public health, safety and welfare, the Board of Appeals may permit buildings for
human occupancy on such land in accordance with the requirements of the underlying
district after the necessary proof has been presented to and reported on by the
Community Planning and Development Commission and the Board of Health."
The recommendation is based upon the following:
CPDC believes this amendment will improve the interpretation and
administration of the floodplain District by aligning the district with accepted
standard of the "FEMA" maps. ,
The vote taken was unanimous of all members present.
This recommendation shall be entered into the record for the noted Town
Meeting.
PUBLIC HEARING: AQUIFER PROTECTION
KG read legal advertisement into the record.
The recommendations of the By-Law Committee were discussed and accepted.
NS moved the following:
"We, the Reading Community Planning and Development Commission, under
the provisions of Massachusetts General Laws Chapter 40A, Section 5, to
consider a zoning by-law amendment for inclusion in the Subsequent Town
Meeting for November 2001, do hereby vote; to forward the following language
to the Town Meeting with a favorable recommendation:
"4.8 Aquifer Protection District
4.8.1 PURPOSE OF DISTRICT
The purpose of this Aquifer Protection District is to:
4.8.1.1 promote the health, safety, and general welfare of the community by
ensuring an adequate quality and quantity of drinking water for the residents,
institutions, and businesses of the Town of Reading;
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TOWN OF READING
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
Minutes for Meeting dated: October 29, 2001
4.8.1.2 preserve and protect existing and potential sources of drinking water
supplies;
4.8.1.3 conserve the natural resources of the Town of Reading; and
4.8.1.4 prevent temporary and permanent contamination of the environment.
4.8.2 SCOPE OF AUTHORITY
The Aquifer Protection District is an overlay district superimposed on the
underlying zoning districts which shall apply to all new construction,
reconstruction, or expansion of existing buildings and new or expanded uses
which fall, wholly or partially within such Aquifer Protection District. Uses
prohibited in the underlying zoning districts shall not be permitted in the
Aquifer Protection District.
4.8.3 DEFINITIONS
For the purposes of this section, the following terms are defined below:
Aquifer: Geologic formation composed of rock, sand or gravel that contains
significant amounts of potentially recoverable water.
Aquifer Protection District: The zoning district defined to overlay other
zoning districts in the Town of Reading. The aquifer protection district may
include specifically designated recharge areas.
Impervious Surface: Material or structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly into the
soil. Impervious surfaces shall include all roofs, driveways, parking areas,
roadways and walkways, regardless of the proposed surface material.
Mining. The removal or relocation of geologic materials such as topsoil,
sand, gravel, metallic ores, or bedrock.
Potential Drinking Water Sources: Areas which could provide significant
potable water in the future.
Recharge Areas: Areas that collect precipitation or surface water and carry
it to aquifers. Recharge areas may include areas designated as Zone II and
Zone III
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TOWN OF READING
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
Minutes for Meeting dated: October 29, 2001
Toxic or Hazardous Material: Any substance or mixture of physical,
chemical, or infectious characteristics posing a significant, actual, or
potential hazard to water supplies or other hazards to human health if such
substance or mixture were discharged to land or water in the Town of
Reading. Toxic or hazardous materials include, without limitation;
synthetic organic chemicals, petroleum products, heavy metals, radioactive
or infectious wastes, acids and alkalis, and all substances defined as Toxic
or Hazardous under Massachusetts General Laws (MGL) Chapter(c.) 21C
and 21E and 310 CMR 30.00, and also include such products as solvents and
thinners in quantities greater than normal household use.
4.8.4 ESTABLISHMENT AND DELINEATION OF Aquifer Protection District
The Aquifer Protection District is delineated and established on a map entitled
""Figure 2 Town of Reading, Massachusetts Zone H and Zone III Areas"
prepared by Weston & Sampson Engineers, Inc. resulting from a study for the
Town of Reading Entitled 100 Acre Wellfield Zone H Study dated July 1996
which shows certain aquifer protection areas consisting of aquifers or recharge
areas. Such map is hereby made a part of the Town of Reading zoning bylaw
and is on file in the Office of the Town Clerk and the Building Inspector Office.
4.8.5 Boundary Disputes
If the location of the District boundary in relation to a particular parcel is
disputed„ resolution shall be accomplished by the owner(s) filing a Special
Permit application with the Special Permit Granting Authority (SPGA), the
Reading Zoning Board of Appeals. Any application for a special permit for this
purpose shall be accompanied by adequate documentation. The burden of proof
shall be upon the owner(s) of the land to show where the boundaries should be
located. At the request of the owner(s), the Town may engage a professional
engineer, hydrologist, geologist, or soil scientist to determine more accurately
the boundaries of the districts with respect to individual parcels of land and
review the documentation presented by the owner(s). The SPGA may charge the
owner(s) for the cost of such investigation.
4.8.6 USE REGULATIONS
In the Aquifer Protection District the following regulations shall apply:
4.8.6.1 Permitted Uses
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TOWN OF READING
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
Minutes for Meeting dated: October 29, 2001
The following uses are permitted within the Aquifer Protection District,
provided that all necessary permits, orders, or approvals required by local,
state, or federal laws are also obtained:
4.8.6.1.1. conservation of soil, water, plants, and wildlife;
4.8.6.1.2 outdoor recreation, nature study, boating, fishing, and hunting where
otherwise legally permitted;
4.8.6.1.3 foot, bicycle and/or horse paths, and bridges;
4.8.6.1.4 normal operation and maintenance of existing water bodies and dams,
splash boards, and other water control, supply and conservation devices;
4.8.6.1.5 maintenance, repair, and enlargement of any existing structure, subject
to Section 4.8.6.2
4.8.6.1.6 residential development, subject to Section 4.8.6.2
4.8.6.1.7 farming, gardening, nursery, conservation, forestry, harvesting, and
grazing, subject to Section 4.8.6.2
4.8.6.1.8 construction, maintenance, repair, and enlargement of drinking water
supply related facilities such as, but not limited to, wells, pipelines, aqueducts,
and tunnels.
4.8.6.1.9 impervious cover on property up to 15%.
4.8.6.1.10 impervious cover up to 20% if a system for artificial recharge of
precipitation is provided that will not result in the degradation of groundwater
quality. Recharge plans shall comply with the DEP Stormwater Guidelines and
shall be submitted to the Town Engineer or the applicable Board, Committee or
Commission for review and approval.
4.8.6.2 Prohibited Uses
The following uses are prohibited:
4.8.6.2.1 landfills and open dumps as defined in 310 CMR 19.006;
4.8.6.2.2 automobile graveyards and junkyards, as defined in M.G.L.c. 140B, §1;
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TOWN OF READING
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
Minutes for Meeting dated: October 29, 2001
4.8.6.2.3 landfills receiving only wastewater and/or septage residuals including
those approved by the Department of Environmental Protection pursuant to
M.G.L.c. 21, §26 through 53; M.G.L.c. 111, §17; M.G.L c. 83, §6 and 7, and
regulations promulgated thereunder;
4.8.6.2.4 facilities that generate, treat, store, or dispose of hazardous waste that
are subject to M.G.L.c. 21C and 310 CMR 30.00, except for the following;
4.8.6.2.4.1 very small quantity generators as defined under 310 CMR
30.000;
4.8.6.2.4.2 household hazardous waste centers and events under 310 CMR 30.390;
4.8.6.2.4.3 waste oil retention facilities required by M.G.L, c. 21, § 524;
4.8.6.2.4.4 water remediation treatment works approved by DEP for the
treatment of contaminated ground or surface waters;
4.8.6.2.4.5 petroleum, fuel oils, and heating oil bulk stations and terminals
including, but not limited to, those listed under Standard Industrial
Classification (SIC) Codes 5171 and 5983.
4.8.6.2.4.6 Storage of liquid hazardous materials, as defined in M.G.L.c. 21E, and
liquid petroleum products, unless such storage is
a)above ground level; and
b) on an impervious surface; and
c) either
(i) in container(s) or above ground container(s) within a building; or;
(ii) outdoors in covered container(s) or above ground tank(s) in an area that has
a containment system designed to hold either 10% of the total possible storage
capacity of all containers, or 110% of the largest container's storage capacity,
whichever is greater;
4.8.6.2.4.7 storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31;
4.8.6.2.4.8 storage of deicing chemicals unless such storage, including loading
areas, is within a structure designed to prevent the generation and escape of
contaminated runoff or leachate;
4.8.6.2.4.9 storage of animal manure unless covered or contained in accordance
with the specifications of the Natural Resource Conservation Service;
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TOWN OF READING
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
Minutes for Meeting dated: October 29, 2001
4.8.6.2.4.10 earth removal, consisting of the removal of soil, loam, sand, gravel,
or any other earth material (including mining activities) to within 4 feet of
historical high groundwater as determined from monitoring wells and
historical water table fluctuation data compiled by the United States
Geological Survey, except for excavations for building foundations, roads, or
utility works;
4.8.6.2.4.11 discharge to the ground of non-sanitary waste water including
industrial and commercial process waste water, except.,
a) the replacement or repair of an existing treatment works that will not result
in a design capacity greater than the design capacity of the existing treatment
works;
b) treatment works approved by the Department of Environmental Protection
designed for the treatment of contaminated ground or surface water and
operating in compliance with 314 CMR 5.05(3) or 5.05(13);
c) publicly owned treatment works;
4.8.6.2.4.12 stockpiling and disposal of snow and ice containing deicing
chemicals if brought in from outside the district;
4.8.6.2.4.13 storage of commercial fertilizers, as defined in MGL Chapter
128,§64, unless such storage is within a structure designated to prevent the
generation and escape of contaminated runoff or leachate;
4.8.6.2.4.14 Underground storage tanks related to the activities in Section
4.8.6.1.
4.8.7 VIOLATION NOTICE
Written notice of any violations of this Section shall be given by the Building
Inspector to the property owner as soon as possible after detection of a
violation or a continuing violation. Such notice shall specify the requirement
or restriction violated and the nature of the violation, and may also identify
the actions necessary to remove or remedy the violations and preventative
measures required for avoiding future violations and a schedule of
compliance. A copy of such notice shall be submitted to the Building
Inspector, the Board of Health, Conservation Commission, Town
Engineer/Department of Public Works, and Water Department.
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TOWN OF READING
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
Minutes for Meeting dated: October 29, 2001
The cost of containment, clean-up, or other action of compliance shall be
borne by the owner of the premises."
The recommendation is based upon the following:
This amendment seeks to align the language of the district with the
Massachusetts Department of Environmental Protection Model Aquifer
Protection Zoning By-Law. The modification of the impervious cover is to
allow for the state recommended 15% lot coverage and further allowing up to
20%, as was previously allowed in this district, if the stormwater is treated.
The vote taken was unanimous of all members present.
This recommendation shall be entered into the record for the noted Town
Meeting.
KG seconded the above motion.
RH announced the Community Preservation Act Committee is hosting a Public
Forum on November 1, 2001 at the Light Department Conference Room.
AK announced there will be a seminar on conflict of interest and professional
liability on November 6,2001 at 7 PM at the Coolidge Middle School
The CPDC took a short break.
15-17 PIERCE STREET
AK reviewed options with the Commission as to the next steps with the
application.
Joan Langsam, Town Counsel indicated limiting the deed restriction for persons
over 55 years in age for 5 units could be deemed as discriminatory under the Fair
Housing Act.
Applicant offered to coordinate with future project across street.
Don Borenstein, Attorney for the applicant spoke with Joan Langsam, Town
Counsel about the project. 10 Pierce is under a purchase and sale agreement
pending permits. He further indicated the Historical Commission would review
and they would obtain the necessary approval from owner conditioning the
property development
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TOWN OF READING
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
Minutes for Meeting dated: October 29, 2001
AK reminded the applicant of the required roadway improvements to the
roadways, that is, a sidewalk to be constructed to Salem Street.
Joan Langsam expressed concern on no application filed for property across the
street. She is of the opinion the Commission should mitigate issues related to
address at present.
Residents at 20 Pierce Street thought re-paving would occur and expressed
concerns over current debris issues and yard trash They also indicated Street
torn up from construction, need to be fixed anyway.
David Gillette of 26 Pierce Street discussed the following items with the
Commission:
Tracks up and down street from construction
Driveway ruined at site
Not in advertised 55+ restriction
Told to do work hours from Board of Appeals that have not been met
General concerns of track record with the applicant on the permitting and
construction thus far.
The resident at 136 Salem Street, Margaret Pratt discussed the following items
with the commission::
Stairs not "User Friendly"
Applicant agreed to do 55+
Neighborhood didn't want high density population that families would bring to
the site
Tim Hildreth of 20 Pierce Street expressed the following:
Concern on applicant's intention to not provide 55+ age restricted housing
Open house over weekend
Concerned with adjacent property development
How can they sell when know what they were supposed to provide?
The Gillette's of 26 Pierce Street expressed further the following:
"Sense of place" has been changed in the neighborhood
Impact of new structures
Doesn't own building yet across the street, concerned if development did not
occur and coordinating it with the current development
Need to repair road
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TOWN OF READING
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
Minutes for Meeting dated: October 29, 2001
Small street for 12 families
JD - Bonds for street opening and the utilities bond for sidewalk need to be
provided. He further indicated damaging a public way needs repair.
RH offered 10 units to be 55+ restricted and the applicant refused. He opined
then the original decision all units approved for 55+ age restricted as originally
intended.
Joan discussed with the Commission the following process:
• Amending the minutes
• Approve amended minutes
• File minutes with the Town Clerk
• File a Confirmatory decision
The Commission reached consensus to proceed with this process.
JB moved to close the public hearing. Motion seconded by NS. All in favor.
Motion by JB to adjourn at 10:15 PM. Motion seconded by NS. All in favor.
These minutes were prepared by Anne Krieg, Town Planner, and submitted to the CPDC
on December 3, 2001.
Minutes were approved by the CPDC on December 3, 2001.
Signed as approved:
Ka
Date
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