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
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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