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Home My WebLink About1999-01-11 Community Planning and Development Commission Minutes. { Sd v TOWN OF READING. COMMUNITY PLANING AND DEVELOPMENT COMMISSION i . ° MVitl'JTES OF JANUARY 11, 1999 C.- 03 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 January 11, 1999. In attendance were Chairman Richard Schubert, Michael Flammia, Richard Howard, Neil Sullivan and Jonathan Barnes. 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. Barnes and the Commission amended the December 28, 1998 minutes. Mr. Howard motioned to approve the minutes of the December 28, 1998 meeting as amended, seconded by Mr. Flammia, motion approved 5-0. ESTABLISHMENT OF BOND AND LOT RELEASE FOR COREY LANE EXTENSION Mr. Delaney reviewed the request for bond establishment and lot release. Mr. Delaney reviewed his memo to the Commission dated January 07, 1999. Mr. Delaney explained that the agreement would have to be notarized before it would go into effect. Mr. Howard made the following motion, seconded by Mr. Barnes and approved by the Commission 5-0. Move that CPDC release all lots for building and establish a ONE HUNDRED AND FIFTEEN THOUSAND DOLLAR ($115,000) bond for the Corey Lane Extension Subdivision based on the Engineering Division memo dated 1/07/99, contingent upon the bond being duly notarized. HISTORICAL COMMISSION MEETING Mr. Schubert reviewed the Historical Commission meeting with the Downtown Steering Committee. Mr. Schubert stated that he requested in the future CPDC be included in the process due to the magnitude of the downtown project. DISCUSSION WITH ATTORNEY PHIL POSNER REGARDING REQUEST FOR AMENDING ZONING BYLAW CONCERNING AGRICULTURAL USES TO PARCEL GREATER THAN 5 ACRES Attorney Posner reviewed the request of his clients, Martin and Lynn Schmidt, for a change to the current zoning bylaws. Attorney Posner reviewed his clients request for the Town to restrict agricultural areas to parcels of land greater than 5 acres. Attorney Posner reviewed his client's history with Eric's Greenhouse. Attorney Posner elaborated on the continued expansion of Eric's Greenhouse, over the last 18 years. Attorney Posner reviewed the State law that allows the Town to prohibit agriculture on parcels of land under 5 acres. Attorney Posner reviewed his client's belief that this was a reasonable area for regulation for the protection of residential property owners. Attorney Posner stated that it was not his client's intention to eliminate agriculture in Reading but provide a mechanism for controlling it. Attorney Posner reviewed the straight forwardness of the bylaw and used the Town of Wakefield as an example. Attorney Posner introduced Mr. and Mrs. Schmidt to the Commission. Mr. Howard discussed the location of their property to the Eric's Greenhouse property. Mr. Schmidt commented that their main concern was with expansion into another lot owned by Mr. Goddard Attorney Posner pointed out that under the current zoning bylaw agriculture was exempt from the residential zoned area Mr. Schmidt reviewed their history with Eric's Greenhouse owner Mr. Goddard. Mr. Howard asked question regarding the acreage of Eric's Greenhouse. Mrs. Schmidt explained that Eric's property was currently on 2 acres and the lot in question was another 1.4 acres. Mr. Schubert and Attorney Posner discussed the grandfathering of the Eric's Greenhouse property if a bylaw was passed by Town Meeting. Mr. Barnes and Attorney Posner further discussed the pre-existing use of the property. Attorney Posner reviewed a similar case in which lines where clearly drawn to separate existing use from expansion. Mr. Howard asked Mr. Connelly to obtain comments on the potential bylaw from Town Counsel, ZBA, By-Law Committee, and Conservation by February 08, 1999. Attorney Posner asked if the CPDC would support the bylaw. Board of Selectman Camille Anthony commented that this issue must be handled the right way. Mrs. Schmidt reviewed the properties on the assessors map with the Commission. The Commission continued to discuss the issue of Town Meeting with Attorney Posner. Mr. Schmidt reviewed that his concern was for other areas of Reading as well as his neighborhood. Attorney Posner stated that he would be willing to provide CPDC with other municipal bylaws relating to this issue. Mr. Barnes discussed the effects of the Schmidt's property with Attorney Posner and Mr, and Mrs. Schmidt. Mr. Flammia stated that CPDC should attempt to support the Schmidts in this process. The Commission asked Mr. Posner to provide Mr. Connelly with a draft warrant article for the purpose of a public hearing on February 08, 1999. Mrs. Anthony asked that the liaisons from the individual Boards, Committees, and Commission be invited to attend that meeting. Mr. Schubert asked Mr. Connelly to contact Town Counsel regarding the current litigation between the Town and Mr. Goddard. MISCELLANEOUS Mr. Howard updated the Commission in reference to the Town Planner position. ADJOURNMENT At 9:21 PM a motion was made by Mr. Howard and seconded by Mr. Sullivan to adjourn and the Commission voted unanimously to do so. Respectfully Submitted: Approved: Signei _ Date "~o than Barnes, Secretary