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HomeMy WebLinkAbout1983-09-20 Planning Board Minutes Minutes of the Meeting of September 20, 1983. Chairman pro-tem John Shaw called the meeting to order in Room 19 , 52 Sanborn Street (the Community Center) with Board members C. Arthur and M. Richpresent at 7 :15 P .M. Mr. Messina arrived at 7 : 25 P.M. and Mr. Mitchel arrived shortly thereafter. Also present were BPW Chairman Gail Wood, Acting Superintendent BPW, Ted McIntyre, BPW member Bob Griffin and a reporter. from the Reading Chronicle. Correspondence Selectmen will be meeting with interested Boards on Thursday, September 22 , in the Senior Citizen Center at the Community Center to discuss the different proposals to purchase Town-owned land at John Street (the Incinerator site) , currently being used by BPW as their main garage. Mr. Shaw will attend and Mr. Mitchel also volunteered to attend this meeting also. Finances FY : '.85 -budget.-guide lines_.per..:FnCom-letter _was . reviewed by the Board. Chairman will review Discussion -deferred. Zoning Maps A` draft of an article .proposed for inclusion on ;the 1983 Sub- Sequent Town Town Meeting Warrant was reviewed by the Board.. It will be forwarded to Town Counsel to get -his :opinion as-,to whether the words "as amended" in current 'Section 3.2. covers, the updating of .the Zoning Maps or whether itis necessary to include the new date of "November 1,. 1983" -. .If Town Counsel approves and feels the change--is -necessa-ry;-this article was unanimously voted to -.be placed .on the Fall Town Meeting Warrant. Nursing-.--Home-North -Main Street At.ty-4 Brad Latham and Mr. Bob Connors from' Continental-Wingate, proponets of -.the -nursing-liome# appeared before---the Board. Mt.. Latham' distributed copies. of the proposed wording to ..include nursing home" cons truction: in .S-2-0 -Districts -under- the Town's Zoning By-laws-,--which will be-presented to -Selectmen for inclu Sion on the Fall Town Meeting Warrant. Articles of discussion were: - screening along sidelines and frontage, - wording to be clarified by proponents; - number of -parking spaces. and the adequacy of the same; patient/staff ratio, - guidelines for such -are .state mandated; concern as -to how many other .areas within Town would qualify for nursing home development with proposed zoning change.. Mr. :Latham and Mr. Connors. thanked the Board for their review and suggestions- anddeparted at 8 P.M. 'Scenic Roads BPW Chairman Wood expressed her concerns -as being twofold regarding the current proposed wording for Scenic Road Regulations: l) - Intent (including rights and responsibilities of each Board; and -.9/20/83 Page 2 2) - order and sequence for easy understanding by the general public. Also in attendance for this portion of the meeting was a Pearl Street - citizen, Arthur Vars, and Historical Commission. member, Virginia Adams.. Points of :discussion and concern were: stone walls - whether -age, , historical significance or aesthetic value should be the determining factor(s) right to petition - •should official municipal agencies have exclusive :right-to -petition or.-should.-,citizen groups also be -included; - mapping of scenic roads - cataloging and. narrative will be provided by Planning Board; rights, responsibilities and liabilities of -safety hazards on "scenic roads" ; - precedence -for safety or for .preserva- tion?; . procedure for application for road to be designated "scenic"; After --discussion, =and upon motions-duly :made 'and 'secondedp the Board unanimously voted t-o change the draft regulations� as .follows: In section 3.2, Criteria, #3 'to- read: "stone walls of. either historical _significance or aesthetic value; " In section 4, .Notification, . #5 to tead: "catalog ail -character- istics _which were, considered .in requesting the road to be scenic- and provide sufficient narrative to describe the same. " In ,section combine 1%and'-4 .to-read 1'—,essences "notify all municipal -departments and agencies that such a. designation has been made; especially those departments that may take action with respect _to `such roads;" - exact _1anguage .to be worked out by Mr. Arthur l Mr. Arthur was requested to add a .new �section after the current section -2, which will deal .with who may make application for a roadway to be designated "scenic" ; application procedures, .fees . and other related matters. The Board suggested the following or similar language: Any group of ten (or twenty=-five) or more citizens. (or residents) of the Town-may make application to any of .the 3 sotdesignated Boards . Application forms shall be maintained and kept on file by -these Boards and at the office of -the Town Clerk.. Upon refusal of - any. Board to recommend that a requested roadway be . designated "scenic" to' Town Meeting, a new petition may not be heard by that Board concerning said roadway for a period of at least 2 years 9/20/83 Page 3 "Upon receipt of an application petitioning that a roadway. be designated a "Scenic Road" , input. from all three Boards must , be. heard on Town Meeting floor relative to said petition. Upon application for any roadway to .be designated a "Scenic Road" , such petitioners will pay the costs of the public hearing fee and legal - advertising fees therefor such fees _shall be . set by the respective Boards ." Also discussed was language dealing with an application fee of. $15 for any roadway to be considered, plus _incurring the hearing .fee and legal advertising fees, if any of the 3 Boards recommends that a road be considered by any of the said Boards . After much discuss`:i on.-`exact language -.could not be worked out and a, blanket.article .will be .pres.ented .to Town.Meeting, after . approval -from Town Counsel. Upon a motion duly made. .and seconded,. the Board. unanimous.ly. voted `to.place. the .fol.Lowing as an article on the")Fall*:Town Meeting Warrant, pending approval To see ,-if , the own will vote:to adopt the .Rules-,and Regulations for. Scenic Roads,I as proposed by the-'Reading Planning -Board.;--nor-take any-other-action -with--respect thereto." Community-Center Chairman.has requests -from .2 individuals regarding the recon ng ..of the -Community Center. , Mr. Brown -gave an instruc- tional-motion at Annual- Town Meeting to have the Planning Board -review and present article(s) ,to Full Town Meeting to rezone the ,Community. Center. for apartment/condominium use. Maureen T. A letter from Ms,/ O'Brien of the Space Study Committee asks ..that the Planning -Board review and come up with the highest and best use for the Community Center and propose language to rezone this land for such use. After discussion, the"Board .unanimously (5-0) -voted to place-the :following article on the.-Fall .Town Meeting Warrant., after -review. by Town Counsel: "To see if the Town will vote to rezone the parcel of land located at 52 Sanborn Street, commonly known as the Community Center, .rezoned from S-10, to A-40, or take any other action with respect thereto. " Further discussion ensued and a vote to reconsider placing the article on the warrant was taken. By a vote of 0-3-2 it was voted not to reconsider. 9/20/83 Page 4 Mrs . Adams stated that the Historical Commission has applied to place the Community Center building on the list of historic struc- tures in the Town and she would prefer not having:-such an article on the Fall Warrant. Political- Signs According:-.to - a report An the:Chronicle, the Planning Board will_be--steeking further counsel from Ted Cohen: regarding -the •political "sign issue. ._According to :recollection_and minutes of -the.;meeting, the Planning Board .felt -that the current -zoning -regarding-.signs was .Mo.t...i.11egal or discrim ' inatory :and would not ;be ;placing -anything on the warrant a regarding-.this issue. _The.-.,Chai.rmn v+ill check "with .-Mr. Theophanis ..-to ;see ,what .input.-they -need from"this :,Board, .if . any Depot The -Selectmen will -be--phaicing---an--article on--the=Warrant',to sed:-1 the-depot:-- ..Currentzoning- estritions �aou�d -not allow�a-:.3..ega�._Flo t----to-�be�o�med-from--the�ex�-sti:-ng�and--=area— -available-at--the depot: 'Meeting Schedule The .Board will meet. again on :Wednesday, .;September 28, :198.3 " at 7:-30 • PM: , . There .being. no further -business before 'the Board, .it was unanimoue1voted to adjourn at 11 P:M: Respectfully --submitted, Barry "J: -Mitchel, Clerk' f E i i i TFIWN F ?[)Thlt, 1 i T1 F,FaF1 1 Rr'Ar,TNr_. r', F;NNTN rF.)1.A D DATF s ~ 1 i 1 i i 1 i / ^ SCENIC ROAD REGULATIONS IMPLEMENTATION SECTION t - AUTHARTrY "Scenic Road" shall mean a road so designated in accordance with M.C.L. Chapter 40, Section 1SC Mich statew Upon recommendation or request of the planning board, conservation commission, or historical commission of any city or town, such city or town may designate any road in said city or town, other than a numbered route or state highway, as a scenic road. After a road has been designated as a scenic road any repair, maintenance, reconstruction, or paving work done with respect thereto shall not i"volve or include the cutting or removal of trees, or the tearing down or destruction of stone walls, or portions thereof, except with the prior written consent of the planning board, or if there is no planning board, the selectmen of a town, or the city council of a city, after a public hearing duly advertised twice i" a newspaper of general circulation in the area, as to time, date, place and purpose, the last publication to occur at least seven days prior to =uch heariny provided, however, that when a public hea,ing must be held under the provisions of this section and under section three of chapter eighty-seven prior to the cutting or removal of n tree, such hearings shall be consolidated into a single public hearing before the tree warden and the planning board, or if there is no planning board, the selectmen of a town, or the city council of a city, and notice of such consolidated public hearing shall be given by the tree warden or his deputy as provided in said section three of chapter eigh+y-sevpn. -- Designation of a road as a scenic road shall not affect the � eligibility of a city or town to receive construction or reconstruction � aid for such road pursuant to the provisions of chapter ninety. SECTION ? - PURPOSF These regulations are intended to e"pvre that : 1, ways will be recommended for designation as scenic roads under the criteria established hereafter; and 2. ways so designated will not be substantially altered without following proper proceX'es and taking into account proper � conside'ations. � 3, ways sr; designtea will not be substantially altered by the decision of any person, organization or agency other than the planning board. 2 � � SECTION 3 - CRITERIA In determining which roads should be recommended for designation as / scenjc roads, the Planning Board, Conservation Commission or Historical | Connnission shall consider whether the road is characterized by any of the following: � 1. bordering trees of exceptional quality, in terms of type, age, specimen size or spread, density of stand' or related flora; � 2. bnrdering stone walls within the public way more than S0 years old and/or has histo"ical significance: 3. alteration for the way is being planned nr is likely to he planned in the future; and (recommend deletion) 4. any other natural or man-made features of aesthetic value which would be adversely affected by any alteration of the road. 3. 1 - PUBLlC HEARING Prior to making any recommendation or request to Town Meeting regarding designation of a particular road as a scenic road, the Planning Board, the Conservation Commission or Historical Commission, as the case may be' shall conduct a public hearing 'egarding such proposed designation. Notice of the public hearing shall he given by the body conducting the hearing pursuant to the requirements for notice set forth in Section 6. 2 of these regulations. � SFCTION 4 - NOTIFICATION OF DESIGNATION OF RUNIC ROAD � Upon the designation at Town Meeting of any road as a scenic road, the Planning Board shall promptly take the following steps to give effective notice of such designation! 1. notify all municipal departments that may take action with respect to such roads.' 2. notify the State Department of Public Works: 3. cause a notice or informal article to be published in a local newspaper stating that the —ad, or roads, have been so designated: � 4. indicate such designation or all maps currently in use by � municipal departments.' S. notify all utility companies or othe" such parties which may unde,take work within or or the border of such road.' 6. catalog and map all characteristics which were considered in requesting the road to be scenic and provide sufficient narrative to deFcKbe same; and � 7. erect and maintain proper signs designating the roadway l ` area as "scenic", and signs identifying all safety hazards therein' �� ! REG ULATTON S SECTION S - DEFINTTIONQ 5. 1 "Cutting or Removal of Trees". "Cutting or removal of trees" shall mean the removal of one or more trees of 8" minimum size, trimming of major branches of 4" minimum size, but not trimming or cutting of dead trees, dead branches, or cutting of roots. | S.2 "Repair, Maintenance, Reconstruction, or Paving Work. " ! "Repair, maintenance, reconstruction, or paving work" shall mean any normal work done in existing areas of the right-of-way that are currently not paved or that have not been previously excavated, by any person or agency, public or private and that the work is not of an emergency nature. Construction of new driveways or alteration of existing driveways is also included, insofar as it takes place within the right-of-way. Allowed activities include but are not limited to the following; 1. Repairing a pot hole; i 2. Repair work on a water main, service or hydrant: | 3. Repair work on a sewer main or service: 4. Repair work on a catch basin, pipe or similar drain structure; S. Maintenance paving work on existing paved areas; 6. Line painting work; 7. Repair work for damaged poles, gas leaks, etc. ; 8. Sealing a private driveway in the roadway area. 5.3 "Road" "Road" shall mean any right-of-way used or maintained as a public way as vested under the Board of Public Works under M.C.L. Chapter 118, Dated March 15, 1971 including the vehicular travelled way plus necessary | appurtenances within the right-of-way such as bridge structures, drainage | systems, retaining wallsr traffic control devices, and sidewalks, but not intersecting streets or driveways. When the boundary of the right-of-way is in issue so that a question erises as to whether or not certain trees or stone walls or portions thereof are within or without the way, the trees or stone walls shall be presumed to be within the way until it is shown to the contrary as defined under M.C.L. Chapter 118 dated March 15, 1921 , 0.4 "Trees". "Trees shall include a tree whose trunh has a diameter "f eight inches or more as measured 42 inches above ground level". 5. 6 "Alteration" 5.6 "Public Way" 6.7 "Exceptional Quality" 5.8 "Major Branches" 5. 9 "Man-made Features of Aesthe+ic Value" | S. 10 "Work" SECTION 6 - PROCEDURES FOR OBTAINlNC PERMITS 6. 1 Filing - Any person, �ncluding landowners along said "scenc waynrganization� public agency or utility company contemplat�ng the rutt4ng or removal of trees, the tearing down or destruction of stone walls, or portins otherenf, or any other feature desirnated as scenic in accordance with Section 3,2 ahove, in connecon with any repair, maintenance, cons+ruction, reconstruct4on, or paving work that fs currently not paved or that has not been previnusly excavated, shall first obtain the written consent of the Planning Bnard by filing a ren uest for such | work with the Plann4ng Bnard, including the following informati tin ' / / a. the text of a p"oposed legaI notice �dent�fying the location nf the proposed action in terms enabling readers to locate it with reasonable clarOy without neeo' additional plans or references, and desrribing7 �n reasonahle detail the proposed changes tn trees and/or stone walls� b. a statement of the purpose, nr purposes, for the changes prcposedI C:. a list of ouners of properties lorated in whole or in part within one (106) feet of the proposed action� d. except 4n the case of tnwn agencies, a deposit suff&ic4ent to co"(:-,r the cost of advp"tisingand not ification| and e, any fnrther explanatory material as may be required by the ` P]anning Board. f. A permlt w�ll nnt hp required in cases of emergency and/or condtions that would endanger hu�an l4fe and/o, health. — 6.2 Not (7,r? | The Planning Board shall' as required hy statute, give not�ce of a Puhlic Hearjng regarding the proposed action by advertising twice in a newspaper of generalcirculation in the Town. This notice shall contain a statemen+ as to the date, time/ place and purpose of the hearing wjth a reasonable description n the action proposed by the applicant. Copies of this not4ce shall also be deliverea or mailed first class postage pre-paid to the Offices of the Board of Selectmen, the Conservation Commiss�on, the Historical Commission and the Board nf Public Works, and the owners of property wlthinone hundred (1.00) feet of the prnpnsed action. 6.3 in(3 of Notice and Hearing. � | The first publication of the notice shal] be made as soon as fe=IS ibIe after the Planning Board receives the request from the (The anplicant, and shaIl in all cases be made at least fourteen (14) timing of days before the hearing. The last publ4cation shall occur, as the notice required by statute, at least seven days p"inr to the hea'ing. will take The PIannsing Bra --d shall hnld a puhlic hearing within thirty (30> too � days of the date upnn whtch a properly filed request is received. long). The date and time nf the poblir hearming shall he set outs4de of nohou"s (8 .m. - 6� 0O p.m. , Monday through Friday) so as to encourage maximum pa'ticipation. i 6 | , 6.3. 1 Considerations The Planning Board'- decisicn on any applAration for propnsed action affecting scenic roads shall be based on consideration of the following: 1. The degree to which the proposed action would adversely affect the scenic and aesthetic values "Pon which the scenic road designation was originally based; | 2. The necessity for the proposed action in terms of public safety, welfare or conve"ipnce: 3. Compensatory actions propnsed, such as replacement nf trees, or walls., 4. Availability of reasonable alternatives tc the proposed action which could reduce or eliminate anticipated damage to trees or store walls; S. Whether the proposed action would compromise or harm other environmental or historical values.' 6. Whether the proposed action would adversely affect the preser- vation of natural resources) and 7. Consistency of the proposed action with previously adopted Town plans and policies. 6.4 Timing of Decision. ` Within twenty-one (21 ) days after +he public hearing (Could create the Planning Board shall render a written decision on the problems with request. time delays). 6.6 Performance Coarantee � Before endorsement of its approval on a plan, the Planning Board may require that the proposed work to be done, be secured by a hand suf0cient in form and amount in the opinion of the Planning Board to ensure satisfactory performance of the proposed work within the right-of-way, except inthe case of Town agencies. 6.6 Tree Warden Whenever feasible, planning hoard hearings shall be held in conjunction with those held by the tree warden acting under M.C.L. Chapter � 87 (shade tree law). The consent of the planning board to a proposed � action shall not be regarded as inferring consent by the tree warden, or vice versa. The planning board decision shall contain a condition that no work should be done until all applicable provisions of the Public Shade Tree Law, M.P.L . Chapter 87, have been complied with. SECTION 7 - ENFORCEMENT The Planning Board is responsible for the enforcement of these rules and regulations. Whoever violates any provision of these regulations shall be liable to a fine of not more than one hundred ($lOO) dollars for �N� each citation for any violation eKept in the case of Town agencies.