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HomeMy WebLinkAbout1983-09-14 Planning Board MinutesMinutes of the Meeting of September 14, 1983. Chairman Messina called the meeting to order at 7:15 P.M. in Room 19, 52 Sanborn Street (the Community Center) with Board members C. Arthur, J. Shaw and M..Rich present. Mr. Mitchel arrived later in the meeting. Also present were citizens from the Pearl Street area, Chairman Wood and Acting Superintendent McIntyre from BPW, Mr. Messenger from FinCom and a reporter from the Reading Chronicle. Correspondence. Upon a motion duly made and seconded, the Board requested that the Chairman speak to Fire Chief Redfern concerning the storage of toxic chemicals at Chomerics, 77 & 84 Dragon Court, Woburn, which directly abuts residential properties in Reading. Chairman Messina will report back to the Board on that conversation. Personnel As per the bargaining agreement for Administrative Assistants, the Board, upon a motion duly :made and seconded, unanimously voted to increase. the salary for their Administrative Assistant's posi- tion to that decreed by this agreement, namely $7.90 per hour effective from date-of approval by the Personnel Board. Finances monetary The Board reviewed the/charges made to date on the Town's Zoning Maps. BPW says that almost 3/4 of the work has been completed and anticipates completion by the end of September.- The Board asked that a formal request in writing be sent to BPW requesting the number of changes and the formal reply to a completion datefor all, work be made by them to us at their earliest convenience. Zoning Matters Zoning matters before the Board for Fall Town Meeting are: 1) - Political signs; a meeting with Mr. George Theophanis of the By-Law Committee later in the evening will more fully explore this.issue; 2) - Request from Space Needs Committee per their August 29, 1983 letter asking that we think about rezoning the Community Center. This letter states that this Committee feels the building should be ready for sale but the present zoning is a restric- tion. Also.asks the Board to seek the highest and best use for this building and volunteers their assistance in this regard. 3) - Directive from Annual Town Meeting on a motion by William Brown, which asks the Planning Board to investigate the rezoning possibilities for the Community Center to be converted into either apart- ments or condominiums, and to present any and all articles to Fall Town Meeting for such rezoning. The Board then discussed the reuse possibilities for the building. Ms. Rich suggested that we further investigate the procedure that the Page 2 9/14/83 Towns of Milton and Lynnfield have employed in converting "excess" municipal buildings,. Under their Housing Authorities, share interests were sold for refurbishing these buildings, apartments made and then sold. The profits were then distributed among the shareholders, under their Board of Directors. Mr. Messenger from the FinCom questioned the structure of such an enterprise, stating that he thought that the Housing Authority was separate and distinct from the "shareholders". Ms. Rich presented her copy of the Lynnfield structure and format for such reuse to Mr. Messenger for his review. The Board explored the Town's attitude toward such a venture and a brief discussion ensued on.exploring the possiblity of such a reuse possibility for this Town and acceptance by Town Meeting. Scenic Roads Chairman Wood and Mr. McIntyre were welcomed by the Chairman and asked to state their concerns with the current Planning Board draft of the rules and regulations for "Scenic Roads". Ms. Wood felt that the current draft by this Board would interfere with the day- to-day operations of the BPW for repairing or maintaining scenic roadways so designated. She felt that the proposed draft was not explicit enough and tended to "flip-flop" from qualifying a road to regulations regarding such roads and their repair. She called a special meeting of the BPW to restructure these rules and regula- tions to make them clearer. The Board discussion stated clearly and emphatically that the rules and regulations -for a "Scenic Road" as per Chapter 40,-Section 15, MGL, would not and do not interfere with the normal maintenance and repair of such roadways. Only when trees and/or stone walls would be affected during major reconstruction would the Scenic Road rules apply. Any emergency repairs even to roadways-and water or sewer mains that might impact either a tree or stone wall can be made without regard to these rules. Rather the major concerns as per MGL, Chapter 40, Section 15, was during road reconstruction and for the protection of the valued aesthetics of such a roadway. Ms. Wood countered with her objection that this was not clearly under- stood in the present draft and she felt that unless there was speci-. fic language so stating this position, then the citizenry would be confused. The Board took Ms. Wood's concerns and comments under review and arranged to meet with her again on Tuesday, September 20th at 8 P.M. to continue to discuss this matter further. Political Signs Mr. George Theophanis of the By-Law Committee was present to discuss placing the political sign by-law on Fall Town Meeting Warrant. Mr. Theophanis felt that the current Zoning By-laws are unconstitutional Page 3 9/14/83 and would not stand up to a Court challenge. Mr. Nils Nordberg voiced his concern with the scope that this by-law would allow. There was no restriction as to number or size, but only to time allowed for display. Mr. Nordberg stated his opinion that the current by-law for signs applies to all signs, whether commercial, personal or political and allows for a 1 square foot sign in Residential areas, anything less than 12 feet in a Business or Industrial District does not require a permit and over that to.the controls set.forth in the handbook which is not to exceed a total of 4 square feet for each linear foot of building frontage on each public way or public off-street parking lot. Mr.-Nordberg felt that nobody's freedoms were being restricted'or discriminated against as this was an inclusive sign regulation. Mr. Theophanis disagreed. The Board questioned Mr. Theophanis on limiting number and size of such signs. Mr. Theophanis felt that this would not be allowed constitutionally and presented the Board with a draft of an amend- ment that he felt might have some chance for success, to read: "Such political signs shall not be in such location or of such size, construction, illuminationor other feature as to present a public hazard." The Board felt that this language was too vague and the number and size allowed was too broad. Chairman Messina quoted from the "Baldwin vs. Redwood City case wherein the community's right to restrict number and size was defended. Such restrictions were to protect the public interest, such as safety, visual pollution or the like. The Board's discussion included the fact that the Building Inspector was not having any trouble with political signs and that the other surrounding cities and towns also restrict such signs and that the Town need not change the law for a "might be situation. The Board thanked Mr. Theophanis and recessed for a few minutes before hearing from Mr. Latham regarding the.proposed, nursing home on North Main Street. Nursing Home Proposal - North Main Street Attorney Latham, representting Continental-Wingate Corporation, briefly reviewed where the present proposal stood. The proposed .new construction calls fora building not to exceed the 35' height structure for a Residential area, would be buffered from abutting and neighboring residential, structures, would provide parking nearest to the Business district as feasible and would provide parking for a ratio of 1:3 beds, rather than the 1:4, as required by State law. Is seeking to put an article on the Fall Town Meeting Warrant by September 26th and asked for Board input and concerns so that they could be addressed before, final submission. Page 4 9/14/83 The Board questioned the intent of the corporation after approval for a 3-level care nursing home to have such a facility downgraded to a 2 or 1-level facility. Other communities have done this by publishing the public notice for the "Determination of Need" hearing in an obscure paper. Ms. Rich asked that Mr. Latham inquire from Continental_Wingate if they would promise to the Planning Board in writing that they would publish any notice for public hearings-for this nursing home in.the Reading Chronicle. Mr. Latham felt that they would have no problem with this and stated that the paper of local circulation for this project has been determined to be the Reading Chronicle. Ms. Rich stated that this was a problem for other communities and hoped that by eliciting such an agreement. this would not be a problem for Reading. Mr. Latham then.circulated a proposed article for the Warrant.,':The Board reviewed it and will meet again next Tuesday night, September 20th to continue discussion on this matter. Mr. Latham stated that the ancillary programs for this complex.are still to be incorporated into the newest proposal, including the. respite care and day care facility for a limited number of patients. Mr. Latham addressed the concern that this could be considered a "spot zoning" issue by stating that there are definite requirements that would apply to the whole Town and that this piece of property met such requirements and would qualify,'but does not exclude o-ther properties that could qualify from making such an application and after a "Determination of Need by.the Commonwealth then being-allowed to build such a facility. Repetitive Petition - Stoneham Savings Bank, Haverhill Street Board of Survey has_-°allowed the roadway to be longer and to be built in a southerly direction to avoid impacting as much as possible. the conservation land.- Previously 5300 square feet was affected; they have reduced that by 40%. They have also pro- vided additional retention" areas. In order to appear before the Board of Appeals before the 2 year time limit, they are seeking the approval of the Planning Board to have the Board of Appeals rehear this case, as per Section 16, Chapter 40A, MGL. Finance Committee Representative Mr. Robert Messenger, 50 Bay State Road, Apartment 210 (944-6134) is the liasison for the coming year. Introductions were made and a request that background material for matters of concern to the Planning Board be sent to Mr. Messenger at the earliest possible , convenience. Page 5 9/14/83 Minutes Upon motions duly made and seconded, the Board unanimously voted to accept the minutes of the following meetings: June 1, 1983; June 15, 1983,. June 29, 1983; July 29, 1983 and August 17, 1983. Work Program The Chairman. asked that "Cluster Zoning" - report of progress be added to the work program agenda. The following assignments were made: Scenic Roads - Charles Arthur .Political Signs and Repetitive Petition - Barry Mitchel . State Construction projects John Shaw Maureen Rich . Rezoning Community Center - Kenneth Messina (per Space Needs and William Brown) FinCom request for additional funding (Zoning'&- Salary) Kenneth Messina Update Zoning teat and Barry Mitchel Maps and Kenneth.Messina -Reuse Rezoning - Maureen Rich and Kenneth Messina Ms. Rich distributed a copy of the MAPC`publication "School Building Reuse" to the Secretary for copies to be. made for the Chairman and the office and the original to be returned to her. There being no further business before the Board,-,At was unanimously voted to adjourn at 10 P.M. Respectfully submitted, Barry J. Mitchel, Clerk