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HomeMy WebLinkAbout1999-10-25 Community Planning and Development Commission MinutesTOWN OF READING 16 Lowell Street Reading, MA 01867-2683 Phone: 781-942-9012 Fax: 781-942-9071 Email: akrie&@d.reading.ma.us 1-1 - ` r» COMMUNITY PLANNING AND DEVELOPMENT COMMISSION CPDC MINUTES Meeting Dated- October 25,1999 Members Present Jonathan Barnes, chairman (jB); Neil Sullivan, Secretary (NS); Richard Schubert (RS); Michael Flammia (MF), Richard Howard (RH) Also Present Joseph Delaney, Town Engineer (JD); Anne Krieg Town Planner (AK) The Chair called the meeting to order at 7.40 PM. PUBLIC COMMENT John Wood of 213 Pleasant Street asked for information on the progress for the renovations of the Downtown area. He expressed concern as to the changes to Lowell Street from the Town Hall to CVS and questioned if further study as closing the area off to test the response could be done. He also questioned whether a truck would be able to make the turns in the newly designed area. JD responded the area would not be changed until the new traffic light was installed. STAFF BRIEFING AK discussed the following items with the Commission: • Meeting schedule for November 1999 shall be the 1St and the 22nd. • Meeting schedule for December 1999 shall be the 13th only. • Getty Gas re-development • Exemption from site plan for Emperor's Choice The following requests were made of staff: To bring previous sets of minutes to a future meeting for review. C:\My Documents\CPDC\Agenda-Minutes\10.25.99 minutes doc Last printed 12/03/9911.04 AM Created by Anne Krieg TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated.- Gltober2!,1999 PUBLIC HEARING PARKING REQUIREMENT CHANGE NS read the legal advertisement into the record. AK introduced the proposed amendment of the by-law. The proposed by-law seeks to change the relationship between parking spaces and square feet of restaurant to spaces to number of seats and number of employees. Queuing requirements were also added, not currently controlled in the By-Law. She also explained the non-conformity protection and compliance of the By-Law. The Chairman related the comments from the By-Law committee to change the queuing requirement from a number of cars to a number of feet. He then opened the hearing to public comment on the article. Gail Wood of 213 Pleasant Street remarked on the Downtown compliance issue and what if restaurants have no seating or are only drive-thru. AK explained the exemption for those businesses at least 300' from a municipal lot and the requirements noted for restaurants with no seating. John Coote of the Zoning Board of Appeals expressed concern the amendment is too complicated and will increase non-conforming situations. RH explained parking needs to be controlled to reduce strain on parking within the Right of Way. He also supports the amendment because it replaces an antiquated method of parking control, given the research. He also felt it provides for overflow protection. John Coote further stated in his opinion the queuing numbers were arbitrary. He is also concerned of the need for more variances. RS explained further the need to control site development to limit impact to abutters on side streets from commercial areas. John Wood questioned the control over business when the Town is pursuing bringing business to Town. He felt businesses can monitor their own parking needs such that if parking cannot be found, people will leave. MF expressed concern of adding language exempting the downtown area from queuing requirements. AK expressed legal concern on amendments to the article and would speak with Counsel. RHmo ved to close the public hearin& seconded by MF. All in favor Page 2 of 9 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated.- CUober25,1999 RHmade the followingmotion, seconded byW. We, the Reading Community Planning and Development Commission, under the provisions of Massachusetts General La ws Chapter 40A, Section 5, to hear a zoning by-law amendmentforinclusion in the Subsequent Town Meeting for November 8, 1999 as Article 11, do hereby vote; to forward the following language to the Town Meeting with a fa vorable recommendation: Amend Table 6.1.1.3. Off-Street Parking and Loading/Unloading Requirements of the Reading Zoning By-Laws by deleting the current text of the Minunum Number of Off-Street Parking Spaces Required for Restaurants and substituting therefor the following.- "Restaurants Forrestaurants with seating one (1) space for every four (4) persons of the rated seating capacity of the facility, plus one (1) space for every employee on the largest shift. For restaurants with no seating one (1) space for every seventy-five(75)square feet of netfloor area orfraction thereof, butno less than ten (10) spaces shall be provided. In addition to the foregoing restaurants with drive-thm windows shall provide both a pass-through lane and a drive- thru lane. The drive-thru lane shall have stacking capacity br ^'^--^n 11) vehicles ofatleast one hundred ninety eight (198) feetin length of which atleast five ninety (90) feet of the stacking spaces are to be for ordering and the transaction of business In addition to the foregoing the drive-thru lane shall also have stacking capacity for -duve X21 ofHty four (54) feet exiting onto the road. Amend further 6.1.1.1 to replace existing language and insert the following.• No land shall be used and no building shall be erected, enlarged, or used unless off-street parking areas, off-street loading and unloading areas, conforming rn amount and Type to that described herein, are provided except thatreta.d stores, offices, and consumer service establishments and restaurants located within three hundred feet (300) of a public off-st reet parking facility shall be exempted from off-street parking and queuing requirements " Itis noted in this record of the vote the textin the previous paragraph in bold italics is the amended language and strike-thru text is text to be removed for this respective section. This further amendment of the above paragraph was added by the CPDCatsaid hearing. Page 3 of 9 TOWN OF READWG COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated- October 25,1999 The recommendation is based upon the following: The CPDCis of the opinion the current regulation does not adequately address the control of this use. The proposed language will meet currentindustry standards This will also establish a standard for queuing requirements and restaurants withoutseating. The vote taken was 4.•1 in the affirmative. This recommendation shall be entered into the record for the noted Town Meeting. PUBLIC HEARING - PARKING IN S-15 BY A SPECIAL PERMIT NS read the legal advertisement into the record. Brad Latham, Esq. representing the interests of the owner of property where REI/RMV is located, presented the zoning amendment to the Commission. NS read a letter from a concerned citizen, attached to these minutes, into the record. Paul Ashley of Torre Street remarked about the current parking on Torre Street as an issue. AK remarked she would bring this issue to the Parking Traffic and Transportation Task Force. Janet Allen of Johanna Drive felt this use was a blatant encroachment into residential, areas. Denise Arrozo of Johanna Drive expressed current issues with the Registry's driving schools in the neighborhood. Steve McLaughlin entered into the record a petition against the zoning change. Nancy Eaton of 13 Short Street and Chair of the Conservation Commission expressed concerns of the encroachment into the wetlands in the adjacent property slated for possible parking development. She also expressed frustration in the staff management at the registry. Dave Powers of Torre Street discussed issues with trash in the neighborhood currently from the uses there as well as overflow parking onto the street. He did not feel this zoning would solve those issues. Brad Latham responded to the comments by stating: • Aware of wetlands to the rear of the subject property Page 4 of 9 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated- October 25,1999 • There is no lease to the Mandarin Restaurant for use of parking • Can't control the RMV due to a sub-lease agreement not under the control of the landowner • Planned for vegetative screen existing/new for abutting neighborhood • Site Plan Review is required under the Permit John Wood questioned whether this is spot zoning. AK responded it is not spot zoning as defined because the change affects the entire district, regardless of the petitioner. The Chair presented the comments of the By-Law Committee. RHmoved to close the public hearin& seconded by RS. Motion carried 4.1. RS made a statement regarding the inconsistency of concerns of not assisting business in the previous article and the concerns of assisting a business in the present article, i.e. maintaining a business friendly atmosphere in a consistent manner. The Chair presented his views, agreeing with the previous comment. He expressed concern with the proposal and its global potential effect on the community by allowing for and encouraging commercial to directly abut residential property. MF shared the concerns of the neighborhood but felt the applicant attempted to come up with a creative solution to address their needs. RHmade the followingmotion, seconded byRS.We, the Reading Community Planning and Development Commission, under the provisions of Massachusetts General Laws Chapter 40A, Section 5, and upon request of O. Bradley Latham, to consider and to hear a zoning by-law amendment for inclusion in the Subsequent Town Meeting for November 8,1999 as Article 12, do hereby vote, to forward the follo wing language to the Town Meeting with an unfavorable recommendation: "To see if the Town will vote to amend Section 4.3.2 of the Reading Zoning By-La ws by adding the following as Section 4.3.29., or take any other action with respect thereto: "4.3.29. The Comm unity FlannrngandDevelopmentConun8sionmaygran ta special permit for the use of a lot that is in an S15 District for accessory parking to a business use located within an abutting Business B District Page 5 of 9 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated.. October 25, 1999 a. Need.. The CPDCfinds that the eAistingparkingin the abutting Business B Distdais inadequate to meet current orprojected needs. b. Size. The lot in the S15 District (the IS-15 Lot') for which the special pertn t is sought contains at least one hundred thousand (109,000) square feet. C. Boundarv. The S-15 Lot either shares a common boundary of at least three hundred (300) feet with the Business B District or is partially within the Business B Distria d Prohibited Use: No portion of theS15Lotshaff be used forresidenhal use. e. Lot Coverage. Na more than twenty-five (25%) percent of the S45 Lot area shall he used forparking. f. Proximity. All of the parking on the 5415 Lot shall be within three hundred (300) feet of the Business B District boundary. g. Site Plan Review.. The development of the accessory parking area obtains site plan review approval pursuant to Section 4.3.3. h. Minimum Requirements: The accessory parking located on the S-15 Lot may not be used by the property, within the Business B District to meet minimum off- streetparkingrequirements. " The recommendation is based upon the follo wing.. It is the opinion of the CPDC this amendment will not benefit the public good. The amendment was based upon the needs of an individual properly owner that, in the Commissions opinion, was outweighed by the concerns of encroachmen t in to residential properlies by the abutters present at the said hearing. The vote taken was unanimous of all CPDC members. This recommendation shall be entered into the record for the noted Town Meeting. Page 6 of 9 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated.• October 25,1999 COREY LANE JD presented progress of the construction of the subdivision. He said they had done the work asked of them for this construction season. He expressed concern regarding the amount of work left to do next year. Nancy Eaton, Chair of the Conservation Commission, remarked on the erosion issues on the site and the lack of curbing impeding upon good drainage on the site. RFl made the following motion, seconded by AV. We, the Reading Community Planning and Development Commission, under the authority of Massachusetts General Laws Chapter 41, Section 81 U, and under the requirements of Section 9.4.2. of the Rules and Regulations Governing the Subdivision of Land to Reading, Massachusetts, ha vmg been requested by Perrin Construction, to extend the time required to complete the recorded definitive plan known as Corey Lane Estates, do hereby vote; to extend the completion date until March 31, 2000, conditional upon the following: 1. Slope stabilization of Lot 3 be installed and approved by the Town Engineer prior to November 8, 1999 This Commission reserves the right to review the above condition at their scheduled meeting November 1, 1999 All in favor. CONTINUATION OF A PUBLIC HEARING SITE PLAN RmEw/MARRIOTT CORPORATION Mark Favolaro, Esq., attorney for the applicant, updated the Commission on the following: ♦ They will be meeting next week with the Reading Housing Authority to continue their negotiations. ♦ There is not resolution on the development of the rear of the property for active recreation by the Town. ♦ Discussed the site visit with staff. is access to the rear Page 7 of 9 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION MInutesforMeetingdated O toherZ51999 ♦ Full vehicular access to the rear portion of the site is not favorable due to: ■ Liability, risks to residents, and increased traffic with the facility ■ The original offer was for the land to be deeded to the Town, not parking and full site development (will do limited site development and amenities) The engineer from the BSC Group reviewed the comments as numbered in a memorandum from the Town Engineer (attached) as shown below: 1. Agree 2. Sidewalk - prefer not to provide; discourage residents from traversing outside the property I They will set up a meeting with the Town Engineer to review the Improvement Plans for West Street. 4. Agree 5. Parking is sufficient - agreeable to AK 6. Agree 7. Agree 8. Loading Zone area provided - 2 deliveries/ week for this use 9. Landscaping Plans - 10. Reducing flows and matching existing drainage condition as shown 11. Profile - from intersection with West Street needs to see impact of the layout to coordinate 12. Water supply okay - concern about extra hydrant 13. Agree 14. Agree - needs to look at layout plan Mark indicated he would bring building elevations and updated landscaping plans to the next meeting. The Commission and the applicant spoke at length about the access to the rear of the property. The Commission noted problems of distance of the location of parking across West Street and into the neighborhoods for small children. They also discussed the liability issue and other options to handle the access/parking. minutes. Page 8 of 9 TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Minutes for Meeting dated-- October Z51999 Gail Wood, Town Meeting member, expressed strong disapproval of the lack of provision for access and parking. She felt Town Meeting, when reviewing the zoning article, was concerned about the deeding of the land and it was part of the zoning presentation. Mark Favolaro spoke of the Letter of Committal to Town Meeting that noted the deeding of property only as a list of items the Marriott was willing to do for the Town. He also expressed concern of this issue being part of site plan's decision. The engineer for the applicant discussed the difficulties and limitation of the grading plan on the site. Lino Bernardi of the Marriott Corporation Senior Living Services, Inc. noted dissatisfaction with the process, they offered the land intending for passive recreation. A motion was made by RH to continue the public hearing to November 1, 1999, seconded by RS. This continuance was approved by the applicantm writing as filed with the Town Clerk. All in fa vor. Motion to adjourn at 10-15 PM, made byW seconded by N5. All in favor. These minutes were prepared by Anne Krie& Town Planner, and submitted to the CPDC on November 12 1999 Minutes were approved by the CPDCon November 22,1999. Signed as approved: Page 9 of 9 Neil Sullivan, Secretary Date