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HomeMy WebLinkAbout2000-02-07 Community Planning and Development Commission MinutesTOWN OF READING 16 Lowell Street Reading, MA 01867-2683 Phone: 781-942-9012 Fax: 781-942-9071 Email: akrieeO)ci.reading.ma.us COMMUNITY PLANNING AND DEVELOPMENT COMMISSION CPDC MINUTES Meeting Dated. February 7, 2000 Members Present. Jonathan Barnes, Chairman (JB); Nell Sullivan, Secretary (NS); Richard Schubert (RS) Also Present Anne Krieg Town Planner (AK) Others: Theodore Cohen, Esq., Town Counsel (TC) The Chair called the meeting to order at 7:45 PM. RS moved to go into Executive Session at 7:50 PM in order to discuss litigation for Javin Circle/Foster Circle. Motion seconded by NS. All in favor resulting from an individual poll of the members from the Chair. RS moved to return to open session at 8:20 PM. Seconded by NS. All in favor resulting from an individual poll of the members from the Chair. The Commission took a five minute recess. Ausr i PREPARATORY JB introduced the Commission members and staff to the audience and reviewed the process for a hearing. NS read the legal advertisement aloud. Brad Latham, attorney for the applicant presented the project as filed with the Commission. The Engineer for the applicant reviewed the comments from the Development Review Team as filed. C:\Mv Documents\CPDC\Agenda Minutes\2.7.00 minutes.doc Last Fnnted Oe/08/00 9:10 PM Created by Anne Kneg Created on 06/08/00458PM TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dale d.- February 7, ZOOO The Commission members discussed the following site plan elements with the applicant: Landscaping Programming as it relates to parking needs Site distance issues on Willow Street Town use of facilities Ballfieid locations Theater seating capacity - parking needs The Chair opened the floor for public comment: Resident at 32 Catherine asked questions regarding wetland mitigation requirements and drainage. Nancy Eaton of the Conservation Commission reviewed the work of that Commission on this application, noting issues related to water flow, water quality and flooding. Brook Chipman of Willow Street requested full disclosure on programming for a calendar year and questioned if the facilities were to be rented to other organizations, i.e. future growth for the facility. Peter Nestor of Suffolk Road discussed existing and proposed parking issues at events. The resident at 84 Willow Street discussed further the stormwater management problems in existence at the site and the resulting problems after construction. Ralph Calaruso of Innis Circle questioned if summer programming is expected and noted the traffic changes on West and Lowell Streets. RS moved to continue the hearing until February 28, 2000 at 8:00 PM. Seconded by Neil Sullivan. All in favor. BALDWIN LANE AK reviewed the zoning opinion from Town Counsel on the outcome to existing lots if the frontage is modified from the abandonment of the existing cul-de-sac and re-aligned. She also reviewed updated comments from the Development Review Team, comments from the Town Engineer specifically, and read an electronic mail correspondence from Mr. Kraft as filed with. the project.. Page 2 of 10 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated.- February7, 2lXifl Electric provisions were discussed at length in terms of underground requirements, and the moving of the existing pole. The Commission requested the applicant work directly with Reading Municipal Light Department to resolve issues. The resident at 6 Baldwin Lane spoke of a pre-existing pond in the area by Martin Road and the difficult existing drainage issues there are in the neighborhood. AK reviewed a draft decision with the Commission. RS moved to close the public hearing, seconded by NS. All in favor. RS made the following motion. We, the Reading Community Planning and Development Commission, having been requested by Charles J. and Ann M Hardy, to approve a Definitive Subdivision entitled Baldwin Lane Extension to provide access, utilities, and municipal services for one (1) lot atproperty currently addressed at 24 Russell Road (Assessors Map 135, Lot 7A), submitted to this Commission on September 29, 1999, and, having held a duly advertised and notified public hearing do hereby vote; to approve the stated subdivision, as shown on the permitset entitled "Baldwin Lane Extension", having Sheets 1 through 5, respectively, lastly revised January 24, 2000, prepared and stamped by Hayes Engineering, Inc.. This approval is conditioned upon the following conditions stated below.• Prior to endorsement: 1. The applicant shall provide for the construction of ways, the installation of municipal services and any other site improvements, all shown or referenced in the plans noted above, by a covenant, executed and duly recorded by the owner of record, running with the land, whereby such ways and services shall be provided to serve any lot before such lot may be built upon or conveyed, other than by mortgaged deed; provided the mortgagee who acquires titled to the mortgaged premises by foreclosure or otherwise and any succeeding owner of such premises or part thereof may sell any-such-lot, subject, to that portion of the covenant which provides no lot shall be built upon until such ways and services have been provided to serve such lot; Page 3 of 10 TOWN OF READING COMMUNITY PLANNING AND DEVELOPM COMMISSION Minutes for Meeting dated.- February 7,2WO and provided further, nothingherein shall be deemed to prohibita conveyance of a single deed, subject to such covenant, of the entire parcel of land shown on the subdiWsion plan. A deed of any part of the subdivision in violation thereofshall be voidable by the grantee prior to the release of the covenant but not later that three years from date of such deed Any agreements provided for under this clause shall be approved to form by Town Counsel tiugh the Town Planner. 2. Any covenant given under the preceding paragraph clause shall be either inscribed on the plan or contained in a separate document and referred to on the plan. Covenant language shall be submitted to the Community Development office for approval as to form at least twenty-one (21) days prior to the date of endorsement 3. Easements and Revisions a. All documentation for the conveyance of easements shown on the plan, or required by this Certificate of Action, shall be submitted to the Town Planner and the Town Engineer for approval as to form. Documents shall besubmitted no less that twenty-one days (21) days prior to the date scheduled for endorsement b. If any revisions to the plan are required by this Certificate of Action, the applicant shall submit the revised plan to the Commission no less than twenty-one days (21) days prior to the date scheduled for endorsement, in order to allow the review of the plan for compliance with this Certificate of Action. C. All easements shown on the plan or required by this Certificate of Action shall be recorded simultaneously with the plan. The applicant shall provide the Commission with three (3) copies of each easement as recorded in the Registry of Deeds 4. The drawings shall be revised by the applicant and subsequently reviewed by the source from the comments as listed below. Revisions, as previously stated, shall be submitted to the Community Planning and Development Commission officeno less than twenty-one (21) days prior to a scheduled meeting; and thereafter approved in writing by the - _ Depa rrxier~ti Page 4 of 10 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated-- February9, 2WO a. Comments in a memorandum to this Commission from the Public Works Town Engineer dated February 7, 2000, numbered 1, 2, 4, and 5 shall be addressed as revisions to the drawing; b. All work for the provision of electric service shall be provided on the plan as approved by the Reading Municipal Light Department c. On the approved noted plans, lots B and Cshall be shown as specified conveyances or removed from the plan as endorsed. d Street trees located within the limit of work area shall be shown on the plan as per the subdivision regulations. e The driveway referred to as Russell Road shall be removed from the endorsed plan, as this is not to be considered a way created under subdivision, and will not be served by Public Works upon completion and acceptance of the subdivision. 5. Applicant shall submit to the Town Planner and the Town Engineer the following at least twenty-one days (21) prior to endorsement of the plans a. Roadway Coordinates, b. Land Traverse. Prior to RecordbW. The applicant shall provide a washoff Mylar of the subdivision plan, as endorsed for the Engineering Department files A received transmittal of said document sent to the Engineering Department shall be copied to the Community Planning and Development Commission and the Building Inspector. Prior to the Release from the Covenant 1. The applicant shall continue to provide for the construction of ways, the installation of municipal services, and any and all other site improvements, all shown or referenced in the plans noted above, by securing one, or in part by one or another of the methods described in the following clauses (a), (b), and (c) which method or combination of methods may be selected and from time to time varied by the applicant at a -regular scheduled meeting of the Reading Community Planning and Development Commission Page of 10 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENTCOMML9SION Minutes for Meeting dated. February 7, 2000 (written request for such approval and review must be made at least seven business days prior to a meeting to the Town Planner): (a) By a proper bond, sufficient in the opinion of the Community Planning and Development Commission to secure performance of the construction of ways and the Installation of municipal services and other site improvements required forlotsin the subdivision shown on the plan, and the Community Planning and Development Commission may require the applicant to specify the time whin which the construction shall be completed. No bond shall terminate within this established completion date of the Community Planningand Development Commission; but shall remain current for at least sixty days beyond the completion date to allow for Imal inspection. The Town Planner and the Reading Town Treasurer shall approve such bonding instrument. (b) By a deposit of money or negotiable securities, sufficient in the opinion of the Community Planning and DleveJopment Commission to secure performance on the construction of ways and the installation of municipal services and other site improvements required for lots in the subdivision shown on the plan, and the Community Planning and Development Commission may require the applicant to specify the hme within which the construction shall be completed The Reading Town Treasurer shall approve the form of this type ofsecurity. (c) By delivery to the Community Planning and Development Commission of an agreement executed after Me recording of the first mortgage covering the premises shown on the plan or a portion thereof gi ven as a security for advances to be made by the applicant by the lender, which agreement shall be executed by the applicant and the lender shall provide for the retention by the lender of funds sufficient in the opinion of the Community Planning and Development Commission and otherwise due to the applicant, to secure construction of ways, the installation of municipal services and any other site improvements Said agreement shall also provide for a schedule of disbursements which may be made to the applicant upon completion of various stages of work, and shall further pro vide in the event the work is not completed within the time set forth by the Community Planning and Development Commission, any funds remaining shall be made available for completion. Any such agreement under this clause shall be approved to form by_Town-Counsel . through the . Town Planner. Page 6 of 10 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated. February 7, 2000 2. Zoning compliance shall be confirmed as per Massachusetts General Laws Chapter 40A for the follo wing (a) Setbacks and front yard location of the existing pool (b) Use conformance for the eyasting garage Prior to the Issuance of a Building Permit 1. The above-noted transmittal of received washoff Mylar to the Engineering Division shall be received by the Building Inspector. 2. The Budding Inspector receives evidence of release from covenant and the posting of security for the completion of ways, the installation of utilities, and other site improvements 3. All utilities are available to the lot for which it shall be built upon with the current right of way construction standard conformance to the Subdivision Rules and Regulation of those utilities to be approved by the Town Engineer. 4. Evidence of Recording of all easements, deed restrictions, and the definitive plan is filed with the Community Planning and Development Commission and the Building Inspector. 5. Evidence shall be submitted to the Building Inspector all necessary permits and approvals have been obtained, including as appropriate but not necessarily limited to. Street Opening Permit, Street Tree Removal Permit, Sewer Extension Permit, and Curb-Cut Permits. It is the burden of the applicant to ensure all other local/state/federal permit requirements have been met. Prior to the Issuance of an Occupancy Permit- 1. The roadway base course and binder course have been constructed properly and approved by the Town Engineer. Conditions on the Construction: 1. A pre-construction meeting with, ata minimum, the Town Engineer, RMLD, the Town Planner, Tree Warden, and any other Public Works personnel the Town Engineer deems appropriate shall be coordinated by the applicant. Page 7 of 10 TOWN OF READING COMMUNTPY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated.• February 7 2bW 2 All utilities and roadway construction and materials shall be in conformance with the most recently amended Subdivision Rules and Regulations 3. Hours of construction shall be adhered to as per Section 8.9 of the Subdivision Rules and Regulations. 4. Asper Section 76 of the Subdi vision Rules and Regulations, all tree removal/vegetation clearingand street tree installation shall be coordinated by the applicant to accommodate surveillance and approval by the Tree Warden and the Town Planner. 5. Limit of Work line abutting private property, leaving for driveway openings, shall be demarcated by the installation of snow fence prior to the commencement of construction. General Conditions 1. This approval is limited to the number of lots shown on the referenced plan. Any additional lots created with legal frontage on Baldwin Lane shall be considered a majormodrfication to this subdivision as per Section 6.25 of the Subdivision Rules and Regulations 2. The maintenance of the interiorlandscaped island shall be specified in the deed(s) for all lots whose frontage is part of the cul-de-sac layout. 3. As stated previously, public maintenance will no longer occur on the driveway known as Russell Road upon the completion and acceptance of this extension of Baldwin Lane. Waivers All waivers necessary for compliance, in accordance with condition 4. b. under the requirements of Easements and Revisions in this decision, to the noted plan, and further, with revisions as required for endorsement, are hereby granted. All encumbrances, mortgages and restrictions shall be subordinated to this Certificate of Action and the covenant described in this Certificate of Action as a - - - - _matter of record. Seconded by NS. All in favor. - Page 8 of 10 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated: February7, 2WO The Commission took a brief recess. ADDISON-WESLEY Ellen Watts of Tsoi-Kobus reviewed zoning issues with the Commission. Bob Fishman, attorney for the property owner further reviewed zoning techniques, the value of a uniform zoning district, and a request to consider amending the step back height requirement He further discussed the concept of measuring the height setback from the property line, and presented industry standards as updated regarding parking and loading requirements. AK presented the community concerns regarding buffering and controlling re- development at the site. She noted the property is not on the market and this is an opportunity to prepare the site. Traffic, she indicated, is the key element driving the re-development's build-out. This process is to receive input from both the landowner and the abutting residential properties to assist the CPDC to prepare a working zoning document Concerns discussed included: prev=in 'a "walling off" from Route 128, this property is seen as a gateway and establishing the perception of the community. Configuration and number of buildinallowed was also discussed. Controls on cut and fill were also discussed. Jim Doherty of Curtis Street questioned uses allowed by right changes, the build- out scenario, the MEPA limit of 2500 trips per day, and setback issues. He further commented on loading issues, setback delineation height requirements and air quality. A resident on George Street was concerned with the current accident rate at the intersection of South and Main Streets, the existing water pressure in the area, andni~uy future expansion on the parcel. ~OA Nancy Eaton of the Town Meeting Precinct 1 remarked the effort appeared to her as making too many concessions and optimizing too much for the developer. AK noted this effort would still be before the Commission whether the landowner chose to participate or not. This request from staff for the Commission to review Business C is in response to the impending sale of the property. Commission members agreed publicly this project was proactive versus the typical reactive effort of responding to a site plan. Page 9 of 10 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated. February7, 20100 There was also discussion on the attempt by the Commission to balance economics of the property with protection of the neighborhood. AK reviewed the schedule of work for this project as continuing the workshop to the 281h of February at 8:45 PM. March 13Lh would be dedicated to reviewing a draft zoning document, and the 20th would be a hearing to prepare for inclusion on the warrant for a Special Town Meeting in April or May. STAFF BRIEFING AK discussed the staff effort on the landfill and possible zoning scenarios for the Commission's review. Motion to adjourn at 11.50 PM, made by R5, seconded by NS. All in favor. These minutes were prepared by Anne Krie& Town Planner, and submitted to the CPDC on June 8, 2000. Minutes were approved by the CDC on June 12, 2000. Signed as approved: F" C Date Neil Sullivan, Secretary Page 10 of 10