HomeMy WebLinkAbout1983-02-16 Planning Board MinutesMinutes of the Meeting of February 16,.1983.
Chairman Mitchel called the meeting to order in Room 19, 52
Sanborn Street (the Community Center) at.7:20 P.M. with Board
members M. Rich, K. Messina, A. Burne and J. Shaw present.
Also present was Ms.. Hewitt from the League of Women Voters.
Correspondence
Mail was reviewed. A letter from the Conservation Commission
re: Scenic Roa.ds.was received.
TOWN MEETING WARRANT f,
Accessory Apartments The Board m°a&e final changes per order of
Town Counsel and approval'of the Chairman. The final articles
presented to Town Meeting.changed slightly. Under Section 4.2.2.,
Town Counsel felt that all applicants in A-40 or BUS. A.should have
to apply for a Special Permit and should not be granted an accessory
apartment as a matter of right. Language under the main body of
Section 4.3.2.8...was also changed. Under sub-paragraph b) they
added an additional phrase, which negated the necessity for an
article dealing-with Section 4.3.2.6. Under.sub-paragraph c)
Town'Counsel felt that there was no process for the Board of
Appeals to review bona fide temporary absences.and the phrasing
of the language aspproposed would call for such a process. to be_
...established and there was no precedent or procedure for such.
The Chairman and Town Counsel worked out alternative language and
the following articles were.presented as outlined below
ARTICLE To see If the Town will vote to amend the
Town's Zoning By-laws by inserting in
Section 4.2.2.., Table of Uses, the
following as the first line,under ACCESSORY'
USES:
'RESIDENCE
S-10 A-40 A- 0 BUS BUS BUS IND
S-20 A B C
5-40
Accessory Apartment SPA SPA No SPA No No No
or-take any other action with-respect thereto.
READING PLANNING BOARD
ct ARTICLE
4.3.2.8• PURPOSE:
To see if the Town will vote to amend the
Town's Zoning By-laws by inserting a new
paragraph as Section 4.3.2.8. to read as
follows:
The Purpose of allowing "accessory apartments
within the Town is to encourage the alteration
and/or construction of a limited number of
.housing units which will increase the avail-
ability of rental units within the Town and
will help to meet local housing needs without
causing significantly adverse effects on the
character and municipal services of the commun-
ity and to ensure compliance with State and
local planning standards and policies concerned
with land use, building design and requirements
of the health, safety, convenience and general
welfare of the inhabitants of the Town.
tESTRIGTIONS: The Special.Permit:Granting.Authority may grant
a Special Permit for-an accessory apartment,
if, as a minimum, the following conditions are
met .
a) The dwelling.in which the accessory apart-
ment is to be located was legally occupied
prior to August 1,- 1982;
b) Notwithstanding the provisions of Section
4.3.2.6. of these By-laws, the accessory
_ apartment shall occupy no more than one-
third (1/3) of the gross floor area of
the one.family dwelling of which it is
part," exclusive of any garage, unfinished
basement, shed or other accessory.use
structure attached to or part of.such one
family dwelling (as of -,August 1, 1982) and
shall contain as a minimum at least four
hundred (400) net square feet of,living
space and as a maximum no more than seven
hundred fifty (750) net* square feet of
living space;
c) At least one of the owners of the one family
dwelling in which the accessory apartment is
located resides in the accessory apartment
or principal one family dwelling, except
for bona fide temporary absences, during
which absence period a third party may
occupy the owner's unit, provided that
notification of the same is submitted to
the Board of Appeals;
d) The accessory apartment and any and all other
modifications to the principal one family
dwelling shall be designed so that the
avnearance of the building remains that of
a one family dwelling. Any new entries shall
be located on the side or in the rear of the
?'age 2
ir; .8.
Seat
Page 3 - 2/2.6/83
Mi.nut es
building and any additions for access
and/or egress shall not increase the gross
floor.area(as described in paragraph b
above)-of the original house by-more than
ten per cent (10%) and shall not'increase-
the building to land to more than a ratio
of 1:5. Any other changes in the building
shall comply in all respects with the
applicable.provisions of the Zoning By-laws;
e) All motor vehicles.owned or maintained by
occupants of the building in which the
` accessory apartment-Is located shall be
parked off _the street and the location and
appearance of all additional off-street
parking shall not adversely affect the
adjoining properties, properties in the.
neighborhood or the single-family appearance
' of the-neighborhood in general and will
cause no change to the front yard parking
area,..if any, as it existed on August 1;
1982,
f) There .shall be no other-apartment on th6_.lbt
on which the accessory apartment is:tb be
located;
g) The accessory apartment shall meet all building
code requirements and shall have.properly
+ installed and -maintained fire safety devices
for the protection ,of . all occupants-in the
entire dwelling;
h) Special Permits for accessory apartments can
_ be issued by the Board of Appeals up to a
limit of ten per cent (10%) of all eligible
one family dwellings in the Town;
i) Any other conditions, safeguards and limita-
tions on time or use as may be imposed by
the Board of Appeals according.to Ma'ssachu-
setts General Laws, Chapter 40A, Section 9
or regulations adopted pursuant thereto.
Page 3
3.2.-8
Minutes
Page 4 - 2/16/83
.PROCESS: An owner or owners of a one family dwelling may
make application to the Board-of Appeals for
a Special Permit for the alteration and/or
construction and occupancy of an accessory
apartment in a one family dwelling in compli-
ance-with all of the above-listed restrictions.
The Board of Appeals will then post notice of
this public hearing in accordance with Chapter
40A, Massachusetts General Laws. The Special
Permit for said accessory apartment will be
limited to the original applicant(s) but shall
be transferred with ownership upon the successful
inspection of the property which verifies that
all conditions"of: the requirements for an accessory
apartment are-being met and upon recertification
that the new owner(s) of the dwelling plan(s) to
maintain residence in either the accessory apart-
ment or the principal residence.
If the terms and/or conditions of the Special Permit
for an accessory apartment are not being complied
with, such Special Permit can and will be revoked
' in accordance with-standard enforcement procedures,
or if all conditions are-not met within one year
of issuance of the Special Permit, the Special
Permit will be-null;and void.
{
or take-any other action with respect thereto.
READING PLANNING BOARD
2/16/83 - Minutes
Page 5
Home Business-- The Board reviewed the final copies of the
articles related to Home Business as presented onthe Warrant
by the Board of S61ectmen. The following is a copy of those
articles as presented:
ARTICLE
To see if the Town will vote to amend Paragraph 2.0. of. the Zoning
f
By-Laws of the Town of Reading by adding the following as Paragraph 2,2.,17.1.
and renumbering the current Paragraph 2.2.17. as Paragraph 2.2.17.2. or take
any other action with respect thereto:
112.2.17.1. HOME BUSINESS: The use of.a room or rooms,not to exceed six
y hundred (600) square feet, in a one or two family dwelling for retail
sales, and the.pi.blic display of goods for sale, of a seamstress, florist
or provider of craft lessons.
ARTICLE Zy
To see if the Town will vote to amend Paragraph 4.2.2.,Table of Uses,
of the Zoning By-Laws of the Town of Reading by inserting under the heading,
"ACCESSORY USES" and under the applicable columns in said Table of Uses, the
following, or take any other action with respect thereto:
RESIDENCE BUS BUS BUS IND.
S-10 A-40 A-80 -A B C
S-20 .
"ACCESSORY USES
Home Business SPA SPA SPA no no no no
ARTICLE D
To see if the Town will vote to amend Paragraph 4.3.2. "Accessory.Uses"yof
the Zoning By-Laws ofthe Town of Reading by adding thereto the following as
Paragraph 4.3.2.8., or take any other action with respect thereto:
rage ti - e/1tD 0, /Minutes
"4.3.2.8. in a Residence District a Home Business may be maintained
by the owner of the one family or two family dwelling in
which such Home Business is located provided that said owner
resides in the one family or two family dwelling and provided
that:-a special permit is granted by the Board of Appeals in
accordance with the requirements of Paragraph 7.4.2.5. of
this By-Law."
ARTICLE/ -
To see if the Town will vote to amend Paragraph 7.4.2. "Powers of the
Board of Appeals" of the Zoning By-Laws by adding thereto the following as
Paragraph 7.4.2.5., or.take any other action with respect thereto:
"7.4.2.5. To;hear and decide applications for special permits for
Home Businesses in accordance with Paragraph 4.3.2.8. of
..this By-Law where the Board of Appeals determines that the
granting of such special permit will not be detrimental to
the neighborhood in which such Home Business is proposed
to be-located in particular and the Town at large in
,general; subject,to the following terms, conditions and
renewal procedure and subject further to such other terms
and conditions as the Board of Appeals deems necessary for
the well-being and protection of the neighborhood and Town.
The Board of Appeals may grant a special permit for `
Home'.Business upon the-following terms and conditions:
a. :.The special permit shall be limited solely to the
applicant, who shall be the owner and occupant of the one
or two family dwelling in which the Home Business is to
be located.
b*_ The applicant shall provide additional off-street
parking to the side or'.rear of the one or two family
dwelling and in such a manner as.does;not alter the
appearance of the one or two family dwelling or:alter
the single family residence character' of the neighborhood
inaccordance with the requirementsof Paragraph 6.1.1.3.
ofthis,By-Law as they relate to ".Retail Stores, Offices
and Consumer Service Establishments"; however, no addi-
tional spaces shall be provided for off-street loading
and unloading, and the provisions of Paragraphs 6.l.l.l.
and .6.1.1.2. of this By-Law shall not apply to the
required off-street parking.
c. The applicant shall not publicly display goods for
sale or advertise the goods for sale or the Home Business
from the outside of the one or two family dwelling in such
a manner that it alters the exterior appearance of the
premises from that of a one or two family dwelling.
d. The special permit may initially be granted for a
period of not more than one (1) year and may be automatically
renewed by the Board of Appeals for a period of up to two (2)
additional years if, after publication of the notice of the
proposed renewal at the permit holder's sole expense in a
Page 2.
Page 7 -
2/16/83
Minutes
ARTICLE 31.
(cont)
newspaper of general circulation in the Town both twenty-one
(21) and fourteen (14) days prior to the renewal days, no
Complaint Petition has been filed with the flown Clerk's
Office signed by at least one (1) member from each of five
{5) households in the immediate vicinity of the Home Business
setting forth grounds why the special permit should not be
renewed and requesting a hearing before the Board of Appeals
on whether the special permit should be renewed. Such
Complaint Petition must be filed with the Town Clerk's
Office no less than seven (7) days prior to the renewal date.
e. If a Complaint Petition is filed with the Town Clerk's
Office, the Board of Appeals shall hold a public hearing on
whether to grant the renewal of the. special permit, however,
..the existing special permit shall remain in full force and
.-effect until a decision has been rendered by the Board of
Appeals and filed in the Town Clerk's Office in accordance
with the provisions of G.L. c. 40A.
f. After the first renewal of such special permit, the
special permit may be renewed for subsequent periods of up
to three (3) years each in accordance with the foregoing
.-procedure.
g. Subject to the foregoing, all other applicable pro-
visions of the Zoning By-Laws shall be observed by the
applicant upon the granting of a special permit for a Home
Business."
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2/11/83
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Minutes
2/16/83 - Minutes
Page
Scenic-Roads - An article presented by petition has been placed
on the Warrant. The following is the article proposed for
passage by Town Meeting:
,c -r:
To the Board-of Selectmen:
Vie, the undersigned registered votes i ~ 3 of Reading,
p e ti ti on that the f oll o;,ing Article be includ ed in -uhe warrant
for the 1983 Annual To= Ideeti.ng:
ARTICLE To see if the Toiv-n' v dill vote to
establish a Scenic and Historical Road Byelaw as follows :
"U-Don recommendation of the planning board or request of
ten :registered voters a public hearing shall by convened
at Town Meeting to vote if a specified road or-roads
shall be designated as a-scenic or historic way.
:After a road has been designated as a. scenic or historic
way under this byelaw any repair, maintenanoe,
reconstruction or paving of the road shall not_ involve
or include any change in the width, elevation or shape
of the road, the cutting (except for normal pruning) or
removal of trees, or the tearing do.m or destruction of
stone walls or portions thereof, without the prior
approval of To4.n bleeting."
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2/16/83 - Minutes
Page 9
Other articles under consideration at the. Town Meeting will include
selling of Town-owned property such as land at Union and Middle
Streets, Reading Depot, Community Center and funds for developing
the library as an addition to Town Hall to serve.-.those offices
presently containted.in the Community Center.
Meeting Schedule
The Board will meet on February 23, 1983 at 7 P.M. Public hearings
on the zoning articles will be held on Mo day,, Yei;3 uary 14th for
Accessory Apartments and Wednesday,, j` 16th for Home Busi-
nprX~-(~ S kectme .`s- a`ehedu-e.
ness, „nc~n. ~
Board Membership
Mr. Burne has chosen not to run for a 3.>year'term.on the Board.
Mr. Shaw will be running again. Mr. Charles Arthur of Summer
Avenue has presented his papers of nomination to Town Clerk.
There being no further business before the Board, it was unanimously
voted to adjourn at 10 P.M.
Respectfully submitted,
Kenneth G. Mess..ina, Clerk