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HomeMy WebLinkAbout1999-02-08 Community Planning and Development Commission MinutesTOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION e MINUTES OF FEBRUARY 8, 1999 A meeting of the Community Planning and Development Commission of the Town of Reading was held in the Selectmen's Meeting Room in Town Hall, 16 Lowell Street in Reading, Massachusetts on February 8, 1999. In attendance were Chairman Richard Schubert, Neil Sullivan and Secretary to the Commission Jonathan Barnes. Commission Members not in attendance included Michael Flammia and Richard Howard. Also present were Town Engineer Joe Delaney and Clerk to the Commission Joe Connelly. The meeting was called to order at 7:35 PM. MINUTES Mr. Schubert and the Commission amended the January 25, 1999 minutes. Mr. Barnes motioned to approve the minutes of the January 25, 1999 meeting as amended, seconded by Mr. Sullivan, motion approved 3-0. RELEASE OF COVENANT AGREEMENT 32 RANDALL ROAD LOT 89 AND 90 Mr. Delaney reviewed the request of Mr. Owen. Mr. Delaney stated that he recommended releasing the Lots. The Commission discussed this issue with Attorney Couture. Mr. Sullivan motioned that the Chairman of the Commission be authorized to release Lots 89 and 90 on Randall Road as requested and as recommended by the Town Engineer. This motion was seconded by Mr. Barnes and Approved 3-0. Attorney Couture notarized the release and Mr. Owen was handed the original. MISCELLANEOUS Mr. Connelly and Mr. Schubert discussed the Leaning Elm Farm project with the Commission. Mr. Delaney stated that his office would be reviewing the decision set forth by the Commission. The Commission discussed PRD requirements. Mr. Barnes expressed his concern that all pertinent documents be submitted in accordance with the conditions set forth by the Commission. PUBLIC HEARING: AGRICULTURAL USES Mr. Schubert opened the Public Hearing and introduced the members of the Commission and staff. Attorney Posner made a formal presentation to the Commission. Attorney Posner distributed a wealth of information to the Commission. Attorney Posner expressed his clients desire for this zoning change. Attorney Posner stated that this zoning change was not anti-agriculture and was in his estimation a fair By- Law. Attorney Posner reviewed other community's agricultural zoning requirements including Andover, Natick and Tewksbury. The Commission asked Town Counsel for his feedback. Attorney Cohen agreed with Attorney Posner but expressed concern for the definition of domestic use and potential conflicts with the existing definition of "Road Side Stands" in the current By-Laws. Mr. Schubert and Mr. Cohen discussed the affects this By-Law would have on Eric's Greenhouse. Mr. Cohen explained the pre-existing non-conforming use. Mr. Cohen and Mr. Barnes discussed the potential impacts this By-Law would have on the existing litigation between the Town and Eric's Greenhouse. Mr. Cohen stated that he did not believe that this By-Law change would impact the existing litigation. Mr. Barnes and Mr. Cohen discussed the differences in the definitions of "Road Side Stands". Mr. Schubert asked Attorney Posner why 5 acres was being used as the definitive amount of acreage. Attorney Posner pointed out the language that detailed 5 acres in the State statute. Mr. Schubert opened the hearing up for public comments. Mr. Jones from the Historical Commission stated that his Commission voted 3-1-1 against the proposed zoning changes. Mr. Coote from the Board of Appeals stated that his Commission voted 3-" against the proposed zoning changes. Mr. Coote expressed the concern of his board for "spot zoning". Ms. Anthony of the Board of Selectmen discussed the definitions of viticulture and domestic uses with Attorney Cohen. Ms. Anthony stated that she forecasted some resistance from Town Meeting on this issue. The Commission discussed the current conditions of Eric's Greenhouse with Mrs. Schmidt and Ms. Anthony. Attorney Posner Cohen and Attorney Posner discussed the deadline for warrant articles. Mrs. Schmidt expressed her disgust with the lack of understanding of the problem. Mr. Mansey asked the Commission to walk by the property to see for themselves the condition of Eric's Greenhouse. Ms. Anthony, Mrs. Schmidt, and Attorney Cohen discussed how to address the problem at hand. Mrs. Schmidt reviewed her concerns that this situation - could occur at any property in the Town of Reading, because there are no existing protections for residents. Mr. and Mrs. Jack of Main Street commented on the history of the Eric's Greenhouse property. The Commission and Attorney Posner discussed the potential for a special permit requirement for properties under 5 acres. Mr. Barnes expressed his opinion that the Town of Reading was not a bedroom community. The Commission discussed whether of not action should be taken at this time. Attorney Cohen reminded the Commission that a second Public Hearing would have to be held upon the closing of the warrant. The Commission decided to wait until the second Public Hearing to make a decision whether or not to sponsor this article. Mr. Barnes motioned to close the Public Hearing, seconded by Mr. Sullivan, and approved 3-0. DISCUSSION WITH TOWN COUNSEL: MARION ROAD Mr. Barnes stated that due to pending litigation he moved that the Commission go into Executive Session. Mr. Barnes added that the Commission would be coming out of Executive Session to complete the February 8U' meeting agenda. The Commission took a role call vote: Jonathan Barnes, yes; Neil Sullivan, yes; Richard Schubert, yes. The Commission voted 3-0 to go into Executive Session. The Commission along with Town Counsel, Joseph Delaney, Joseph Connelly, Attorney Mark Roberts, and Ken DiRaffael exited the Selectmen's Meeting Room at 9:15 PM and conducted Executive Session in the Town Hall Conference Room. The Commission returned to the open meeting at 10 PM. Mr. Barnes motioned to come out of Executive Session. The Commission took a role call vote: Jonathan Barnes, yes; Neil Sullivan, yes; Richard Schubert, yes. The Commission voted 3-0 to come out of Executive Session. DISCUSSION WITH ATTONEY BRAD LATHAM: MATTUCCI PRD Attorney Latham reviewed the Mattucci PRD. Mr. Schubert and Mr. Latham reviewed the details of the proposal including cul-de-sac length and road configuration. Mr. Rivers commented on the uniqueness of the PRD. Mr. Delaney and Attorney Latham discussed the procedure. Mr. Delaney stated that there was a question concerning whether or not a Public Hearing was necessary because the property was already zoned PRD. Mr. Delaney commented that the circle does not meet the 100' radius requirements. The Commission instructed Mr. Connelly to contact Town Counsel for his advice on the appropriate procedure. Mr. Delaney will review the plans and the Commission will meet again on this issue. The Commission and Mr. Latham discussed the impact of a PRD on existing dwellings. The Commission discussed this potential zoning change. Mr. Latham asked the Commission to sign the Lot Releases for the Sunset Rock Subdivision. Mr. Latham stated that the Commission approved the release at a previous meeting, however the appropriate paperwork was not signed. The Commission signed the release form. SITE PLAN WAIVER: 1342 MAIN STREET Mr. Dan Marshall of Commonwealth Building, Inc. reviewed his request for Site Plan Waiver for 1342 Main Street. Mr. Delaney reviewed the comments of the Development Review Team. Mr. Delaney reviewed his sketch of the proposed landscaping in the parking lot area. Mr. Marshall commented that he believed the request for vertical granite curbing and landscaping along the Wingate Nursing Home property line was excessive. Mr. Barnes made the following motion, seconded by Mr. Sullivan, and approved 3-0. Move that CPDC approve the waiver from Site Plan Review for 1342 Main Street, with reference to the Development Review Team minutes of February 1, 1999 and the recommendations of the Town Engineer, subject to the following conditions: 1. Within 30 days the applicant shall provide a landscaping plan specifically for the parking lot area to be approved by the Town Engineer and Tree Warden. The plan is to be consistent with the conceptual plan submitted by the Town Engineer. A) Provide approximately a 20' wide landscaped area along Franklin Street and Main Street. This area should include species of shade trees and-shrubs as approved by the - Tree Warden. 2. It is strongly recommended that vertical granite curbing be placed along the proposed planting . areas. 3. Vertical granite curbing will be required for all necessary work performed on a public way. 4. The applicant should receive approval from the Public Safety Officer and Assistant Fire Chief regarding adequate Fire Lanes and Handicap Accessibility. 5. The placement and fencing of the dumpster must be reviewed and approved by the Reading Board of Health. 6. The applicant must meet all zoning requirements in accordance with the local sign By-Laws. It is recommended that all the above conditions be completed before an occupancy permit is granted for the site. The Commission discussed bonding verses the withholding of an occupancy permit. MISCELLANEOUS The Commission discussed the existing condition of the old Square Liquor building on the corner of Haven and Main Street. ADJOURNMENT At 11:45 PM a motion was made by Mr. Barnes and seconded by Mr. Sullivan to adjourn and the Commission voted unanimously to do so. Respectfully Submitted: Signed= Jonathan Barnes, Secretary Approved: Date: t