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Home My WebLink About2010-03-01 Community Planning and Development Commission MinutesTown of Reading 16 Lowell Street R E G t I VED CLERK Reading, MA 01867-2683 F , C M,~ S Phone: 781-942-6612 ` Fax: 781-942-9071 Email: jdelios@ci.reading.ma.us ~~A,~ P 12i Community Planning and Development C~~Ynmission CPDC MINUTES Meeting Dated: N Location: Selectmen's Members Present: Nic (JP), and David Tuttle h1,2010, -ting Room Safina-(NS), Chairman; Jo in-West, Members Absent: Claire Paradiso (CP) 7:30 Joseph Patterson Also Present: Jean Delios (JD), Town Planner; Abigail McCabe (AM), Staff Planner, and Michael Schloth (MS), Recording Secretary. Tony D'Arrezzo, 130 John Street Charles Gray, 431 Main Street Thomas J. McCord, 44 Francis Drive Mary Ellen O'Neill, 125 Summer Aveneue George Rio, member of Economic Development Committee (EDC), 11 Estate Lane Jim Sopchak, 642 Haverhill, Street Meghan Young-Tafoya, Chair of Economic Development Committee (EDC), 40 Oak Street There being a quorum the Chair called the meeting to order at 7:35 PM. Public Hearing: Amendments to Zoning Bylaw 6.2. Signs DT read the public notice. Ms. Young-Tafoya requested the Board consider the Economic Development Committee's (EDC) recommendation that the by-law be amended to allow service stations the use of freestanding signs in the Business-B zoning district. The consensus of the Board was to agree with the recommendation. Discussion ensued as to how to implement the recommendation the result of which was the following. • A new entry will be made under Business-B Zoning Districts in Table 6.2.3 Signs Permitted According to Zoning Districts. This entry will be titled "Free-Standing (Service Station. Only)" and in all other respects will match the entry for Free-Standing signs listed under Business-A, Business-C and Industrial Zoning Districts. • Under 6.2.5 Prohibited Signs, the following text will be added to the end of subsections "f' and "g": "(except as permitted at service stations)". • Under 6.2.6.4 Signs in Business-B Zoning Districts, language would be added to show that freestanding signs are allowed for service stations only. Ms. Mary Ellen O'Neill asked why the Board was making such an extensive change to the by-law during the public hearing when it should have been done during a workshop or by staff. The Chair said free-standing signs at service stations had only recently become an issue and staff had gathered Page 1 of 4 l" CPDC Minutes of 3/1/2010 information but given the restrictions of the Open Meeting Law the only time the Board could discuss the issue was during meetings. Ms. Young-Tafoya asked the Board to reconsider the EDC's suggestion that businesses in the Business- A zoning district be allowed two signs. The consensus of the Board was not to implement this suggestion. Ms. Young-Tafoya suggested the language after the bullets under 6.2.6.5 Signs in Business-C Zoning Districts is difficult to understand. The Board agreed and, noting that 6.2.6.5 refers back to 6.2.6.3 Signs in Business-A Zoning Districts, and that 6.2.6.6 Signs in Industrial Zoning Districts refers back to 6.2.6.5, the Board made changes to both 6.2.6.5 and 6.2.6.6 which made this cumulative referencing clearer. Under 6.2.1.3 Zoning Districts, the Board added language referencing the Gateway Smart Growth District (GSGD) and its section in the by-laws (4.11). Various formatting changes were made for clarity. DT moved the Board close the public hearing. JP seconded and the motion carried 4:0:0. DT moved the Board recommend to Town Meeting the article as amended tonight which includes Section 6.2 Signs and supporting paragraphs in Section 2.0 Definitions (i.e. 2.2.29 Sign) and 4.3.3 Site Plan Review (i.e. 4.3.3.5.1.a and 4.3.3.6.f). JW seconded and the motion carried 4:0:0. Public Hearing: Amendments to Zoning Bylaw 6.3 Nonconforming Uses and Structures JW read the public notice. Mr. Thomas McCord expressed concern that the proposed language would permit an increasing degree of nonconforming use that both is not required by State Law and is counter to the objective of encouraging change that reduces nonconformity to existing zoning. In particular, he disapproved of the proposed language that allows the Zoning Board of Appeals (ZBA) to grant a special permit for a nonconforming use provided that the ZBA determines the use "shall not be substantially more detrimental than the existing nonconforming use". Mr. McCord said this language is not as strict as the original language which allowed the ZBA to issue a special permit provided that the ZBA determines the "use is substantially less detrimental than the current use". Mr. McCord suggested the Board strike the word "substantially" from Section 6.3.2. Mr. Jim Sopchak said the overall objective of Section 6.3 seems to have been ignored by the ZBA and it instead has focused on a single sub-section of that by-law. Each case should be considered separately but Town Counsel has advised the ZBA to be consistent in its rulings so once a special permit has been issued in one case the ZBA has been inclined to use that as precedent in other cases. He agreed with Mr. McCord that the new language for nonconforming uses should be stricter: The Board agreed the language referring to nonconforming use should be stricter and directed the following changes be made to Section 6.3.2 Nonconforming Uses. Page 2 of 4 i CPDC Minutes of 3/1/2010 • Change 6.3.2.a to "Modification or extension of the existing nonconforming use;" • Change 6.3.2.b to "Change from one nonconforming use to another, less detrimental, nonconforming use." The Board also directed that the lettered subsections of 6.3.4. Alteration of Nonconforming Single and Two-Family Residential Structures - As of Right, be rearranged such that the most restrictive case, "d", be moved to the top of the list, renamed "a" and the following cases renamed accordingly (i.e. original "a" to "b", "b" to "c" and "c" to "d"). Various minor edits were made for clarity. DT moved the Board close the public hearing. JW seconded and the motion carried 4:0:0. DT moved the Board recommend to Town Meeting the article as amended tonight which includes Section 6.3 Nonconforming Uses and Structures and supporting paragraph in Section 2.0 Definitions (i.e. 2.2.22 Nonconforming). JP seconded and the motion carried 4:0:0. Amendments to Zoning Bylaw 4.4 Floodplain Overlay District This was not a public hearing. The public hearing for this change to the zoning by-laws is scheduled for the meeting of 3/15/2010. The Board had to vote tonight on recommending or not the article to Town Meeting because the warrant deadline was tomorrow (3/2/2010). Regarding the questions about this by-law the Board had asked at the previous meeting, The Town Planner informed the Board that the decision was made to keep the definitions of all flood zones even those not within Reading's town limits. Also, "Substantial Improvement" will refer to market value and not assessed value. DT moved the Board recommend to Town Meeting the article as presented tonight which includes Section 4.4 Floodplain Overlay District. JW seconded and the motion carried 4:0:0. Other Business: Approval of Minutes The Chair moved the Board approve the minutes of 1/11/2010 as amended. DT seconded and the motion carried 3:0:1. JP abstained. The Chair moved the Board approve the minutes of 1/25/2010 as amended. DT seconded and the motion carried 4:0:0. The Chair moved the Board approve the minutes of 2/8/2010 as presented. JPseconded and the motion carried 4:0:0. Updates: 881 Main Street, Local Initiative Project (LIP) The Town Planner distributed a letter from the Town Manager dated 3/1/2010 which states that it is the Town of Reading's opinion that the application for the "Splendid Splinter" contains inaccuracies and Page 3 of 4 CPDC Minutes of 3/1/2010 therefore should not be funded as a 40B project and Mass Housing should not issue a letter of eligibility for the project. Updates: 345 Main Street, Reading Plaza The Town Planner informed the Board that the town will be meeting with a representative of the owner of the site tomorrow morning at 8:00 AM (3/2/2010) to discuss issues regarding the lighting of the new fagade. The Chair noted that either the channel for the light source is not there or it does not shield. In either case, the Board specified it its decision that the light source must be shielded. JW moved to adjourn. DT seconded and the motion was carried 4:0:0. The meeting adjourned at 10:30 p.m. These minutes were prepared by Michael Schloth and submitted to the CPDC on March 15, 2010; these minutes were approved as amended by the CPDC on March 15, 2010. Signed as approved, J 'estop' Page 4 of 4