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HomeMy WebLinkAbout1999-04-05 Community Planning and Development Commission MinutesTOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION MINUTES OF APRIL 5, 1999 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 April 5, 1999. In attendance were Acting Chairman Jonathan Barnes, Neil Sullivan, Richard Howard and Michael Flammia. Chairman to the Commission Richard Schubert was not in attendance. Also present were Town Engineer Joe Delaney, Clerk to the Commission Joe Connelly and newly hired Town Planner Ann Kreig. The meeting was called to order at 7:35 PM. MINUTES Mr. Howard and the Commission reviewed the minutes of the March 22, 1999 meeting. Mr. Howard motioned to approve the minutes of March 22, 1999 meeting, seconded by Mr. Sullivan, motion approved 4-0. MISCELLANEOUS Mr. Delaney reviewed plan changes for the Melendy Drive Subdivision. Mr. Delaney explained that a detention basin needed to be moved. The Commission discussed whether or not this change was a minor modification. The Commission discussed whether or not a public hearing should be held. The Commission decided to have a public hearing on this change at their May 10, 1999 meeting. Mr. Barnes opened the meeting up for public input. There was no public input at this time. Mr. Howard reminded the Commission that the Board of Selectmen would be discussing the George Street Comprehensive Permit at their April 6, 1999 meeting. Mr. Flammia motioned to formally recognize Clerk to the Commission Joseph J. Connelly for his efforts over the last 8 '/z months. Mr. Howard and Mr. Barnes also extended their thanks to Mr. Connelly for filling the Acting Town Planner role. The motion was seconded by Mr. Barnes and approved 4-0. Mr. Barnes and the Commission discussed the progress of the Marriott negotiations with the Reading Housing Authority. PUBLIC HEARING ARTICLE 19: ZONING BY-LAW CHANGE FOR AGRICULTURAL USES Mr. Barnes called the Public Hearing to order. Mr. Flammia began to read the Public Hearing notice. Mr.' Howard moved to dispense with the reading of the Public Hearing notice, seconded by Mr. Sullivan, approved 4-0. Mr. Barnes asked Mr. Schmidt and Attorney Posner to review Article 19. Mr. Schmidt reviewed the history behind the petition and his reasoning for the proposed by-law change. Mr. Schmidt summarized the special permit portion of the article. Mr. Barnes formally introduced the members of the Commission to the public. Mr. Howard asked if the Commission had received any feedback from the other Boards, Committees and Commissions. Mr. Schmidt reviewed his meeting with the other BCC. Mr. Schmidt explained the actions of the other BCC. ZBA - Approved of the article on it's technical merit. ZBA would take no position on whether of not to support the article to Town Meeting. By-Law Committee - Had questions for Town Counsel. Is meeting with Mr. Schmidt at a later date. Conservation Commission - Would take no position on whether or not to support the article to Town Meeting. Board of Selectmen - Voted unanimously, 5-0, to support the article. Historical Commission - Mr. Schmidt would be meeting with the Commission on 4/6. Mr. Posner stated that Town Counsel has been involved in the various drafts of this article. Mr. Howard shared his concerns with the Commission. Mr. Howard and Mr. Schmidt discussed part-time farm stands. Town of Reading 16 Lowell Street Reading, MA 01867-2683 + .~;ss. FAX: (781) 942-9070 Website: i" ,w.ci.reading.ma.us t tl i'1 t';. 1 , 1 P ! = 41 COMMUNITY DEVELOPMENT (781) 942-9010 LEGAL NOTICE 'T'OWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Notice is hereby given that the Community Planning and Development Commission of the Town of Reading will hold a Public Hearing in the Selectmen's Meeting Room, Town Hall, 16 Lowell Street, Reading, Massachusetts at 8:00 PM, on Monday, April 5, 1999, to consider the proposed amendments to the Reading Zoning By-Laws set forth in the following Article in the Warrant for the Annual Town Meeting of April 12, 1999: ARTICLE 19 "To see if the Town will vote to amend Section 4.2.2. (Table of Uses) of the Zoning Sy-Lbw by (1) deleting the provisions which permit Agricultural, Horticultural, and Floricultural Uses in all zones and (2) by adding the following to the 'Other Uses' provision of said Section 4.2.2: ?OTHER::.'tJSES - RES:: ;RES:; `..ICES US_ Agriculture, Horticulture, YES YES YES YES YES YES YES Floriculture, Viticulture on 5+ Acres Structures Accessory to YES YES YES YES YES YES YES Agriculture, Horticulture, Floriculture, Viticulture on 5+ Acres Agriculture, Horticulture, YES YES YES YES YES YES YES Floriculture, Viticulture for Domestic Use Only Agriculture, Horticulture, SPA SPA SPA SPA SPA SPA SPA Floriculture, Viticulture not for Domestic Use on Less Than 5 Acres and to see if the Town will add a new provision as §4.3.6. (Agricultural Uses on Less Than 5 Acre Parcels) which shall be: 1 PHILIP B. POSNER ATTORNEY AT LAW 24 YALE AVENUE WAKEFIELD, MA 01880 781 224 1900 FAX 781 224 1998 EMAIL: ENVLAWYER@AOL.COM DATE: February 8, 1999 TO: Town of Reading Community Planning & Development Commission FROM: Philip B. Posner RE: Zoning bylaws relating to agricultural uses CC: client in response the Commission's request I have reviewed the zoning bylaws of the following towns: 1. Andover 6. North Reading 2. Billerica 7. Stoneham 3. Natick 8. Tewksbury 4. Needham 9. Wakefield 5. North Andover 10. Wilmington I have submitted three copies of relevent excerpts from the bylaws and, in certain cases, photocopies of the zoning booklets. The excerpts were obtained from the MuniLaw CD ROM published in December, 1998. Each town has a unique approach to the subject of regulation permitted under G.L. c. 40 §3. The towns' zoning regulations generally fall into 3 categories: 1. No regulation at all 2. Adoption in some way of a multi acre `carve out' from the agricultural exemption. State law permits regulation of agricultural activities on parcels of < 5 acres. 3. Attempts to define and regulate 'agricultural activities' which may or may not be consistent with the current cases. Some towns draw .distinctions between raising crops and raising and keeping farm animals. 4. Some combination of 2 and 3. Lo/schmidUcpdcagdzoning.mm2 AGRICULTURAL ZONING BYLAW COMPARISON Town Pane Reading 1 Andover 3 Billerica 5 Natick 7 Needham 8 North Andover 10 North Reading 12 Stoneham 15 Tewksbury 16 Wakefield 18 Wilmington 20 4.2.2. Table of Uses (continued' PRINCIPAL- USES RES RES RES SUS BUS BUS IND S-15 A-40 A-80 A B C S-2Q S-40 Business& Service Uses (continued) Hotel Or Motel No No No Yes Yes Yes Yes Tourist Or Trailer Camp Nd No No jNo No No No Place Of Assembly No No No Yes Yes' No Yes Funeral Establishment No No No Yes Yes No Yes Veterinary Establishment No No No Yes Yes No Yes Planned Unit Development No No No No No No SPP* Adul se No No No No No No SPA**' Automotive Uses Sale Of New Or Used No No. No Yes Yes No Yes Service Station No No No Yes Yes No Yes Repair Garage No No No Yes Yes No Yes Car Wash No No No No No No No Commercial Parking Lot No No No Yes Yes No Yes Auto Grave Yard No No No No No No No Industrial Uses Computer Services No No No No No . Yes Yes Laboratories No No No No No Yes Yes Research & Development No No No No No Yes Yes Publishing & Printing No No No No No Yes Yes Communication Facilities No No No No No Yes Yes Commercial Communications SPA Structures No SPA SPA SPA SPA SPA Public Utilities Yes Yes Yes Yes No Yes Yes Enclosed Storage No No No Yes Yes Yes Yes Open Storage No No No No No . No No Dry Cleaning Plant No No No No No No No Recreational Uses Commercial Amusements No No No SPS SPS SPS SPS Commercial Race Track No No No No No No No Other Uses Ari;culture:;,FHorticulture, Floriculture Yes Y es Yes Yes Yes Yes Yes Commercial Earth Removal SPA S PA S PA S PA S PA SPA SPA Substantially Similar To Permitted No N o N o S PA S PA SPA S PA Municipal Building Reuse SPA S PA S PA S PA S PA SPA S PA Reading Zoning By-Laws 8 Revised Aug., 1997 I igr" )rtion and by the e. Sand, ction living 3s a Ig fa From ion :k,, :cupied :it anical ess Ith of a ga n !asured not !ned by sub- legally ,rid-of a I not be +ation of or`~ tl 2.2.15. Grade, Natural: Theration of the 2.2.18. Kindergarten, Private: A private undisturbed natural soft, of the school for children of pre-primary ground adjoining a school age having an enrollment of three (3) or more children of different 2.2.15.1. Groundwater: All and parentage. beneath the ground sadate.. slowly moving sub-surhm water present in aquifers mcharge areas. 2.2.15.2. Hazardous And T m' . Any solid or liquid substance or ination of substances, includin gm, y liquid petroleum products, , because of quantity, concentra tc physical, chemical or infectiaus iacteristics, poses a significant pat` or potential hazard to water su , f or to human health if disposed of 1W or on any land or water in this T van. Any sub- stance deemed a liazadbus waste" in Massachusetts Gen Laws Chapter 21 C, or deemed as tom or hazardous substance in Massach melts General Laws Chapter 94B shaitalso be deemed a hazardous mterial for purposes of this Bye. 2.2.16. Height Of A Building Ihe vertical distance measured ate, center line of its principal front froruit established grade or from the naUml grade if higher than the estaied grade, or from the natural gradetao. grade has been established: twOmbvel of the highest point of the axaeams in the case of flat roof or r Fnclining not more than one inchlaftfoot, and to the mean height levdb&Ween the top of the main plate andle highest ridge in the case of other ra*. 2.2.17. Home Occupatiorr.'3bease of room or rooms in a dwelling as an office, studio or working room ;:a person resident in the housevOere no goods are publicly displayed: aroffered for sate. 2.2.19. Landscaped Area: Land area not covered by building, parking spaces and driveways. 2.2.19.1. Leachable Wastes: Waste materials, including solid waste and sludge, that are capable of releasing water-bome contaminants to penetrating water derived from rain or snowmelt. 2.2.20. Lot: A parcel of land occupied or designed to be occupied by principal and accessory buildings or uses, including such open spaces as are arranged and designed to be used in connection with such buildings. 2.2.21. Lot Coverage: That proportion expressed as a percent of the total lot area covered by principal buildings. 2.2.21.1 Lot Width: The width of a lot gov- erned by the diameter of a circle, said circle fitting entirely within the lot and being tangent with the front lot line. 2.2.22. Non-Conforming: A condition structure or use inconsistent with this By-Law, and lawfully in existence at the time the provision with which it does not conform became effective. 2.2.23. Nursing Home: A convalescent or rest home. 2.2.24. Overlay District: A district super- imposed on one (1) or more districts which may establish restrictions in addition to the regulations of the district or districts superimposed. 2.2.25. 2.2.17.1. Impermeable Surfam Natural or manmade material on feground that - does not allow surface vaster to 2.2.26. penetrate into the soil Place Of Assembly: A. theater,_ bowling alley or other similar enclosed place. - Roadside Stand: The sale of natural products raised on the premises and articles manufactured on the premises from such products. I., 1997 1 Reading Zoning By-Laws 3 Revised Aug., 1997 Sec. IV ANDOVER CODE Residence Business Industrial SRA SRB SRC APT SC OP GB MU IG IA ID that it is njA Bible from any way or fma any resi- dential propexty which a- buts the lot which the motor vehiclais stored (Amended 4-IM8, Art. 94) (g) Truck terminAar interme- diate transfer ility (h) Any use wYmit creates a hazard to safes and health in the co y or dan- ger of fire or implosion or which creates&st, smoke, odor, fumes, gas: vapor, fly ash, sewage, refuse, noise _ or vibration, any of which are perceptNe under nor- mal conditians at any prop- erty line - Other Main Um - 30. Agriculture, hortimlture, fiori- Y Y Y Y Y Y Y Y Y Y Y culture on lot cfmme than five (5) acres. See section W.G. 31. Agricultural orcrmp land includ- BA BA BA BA BA BA BA BA BA BA BA ing the raising d-Avestock on lots of five (5) atres or less; provided that tbeabove shall not be construe Impermit the operation of piggeries, poultry farms or establimfinients rais- ing animals primarily for the sale of their for: See Section W.G. 32. Public transportafim station or BA BA BA BA BA BA BA BA BA BA BA terminal excludixWzi orts 33. Transformer statim substation, BA BA BA BA BA BA BA BA BA BA BA pumping station, done ex- change, telephone. w radio re- peater, or other sbaflar utility installation provideithat in any residential district no public business office, sbrage yard, ~ f storage building, or motor maintenance installation may be operated in connection there- with 34A. General removalofearth mate- N N N N N N N N N BS BS 2 1 r, al,hiect to the nrgvisions of -a Residence Business Inc SRA SRB SRC APT SC OP GB MU IG 3$A. Use of a room or =wzs. in a de- BA BA BA N BA N BA BA BA tached one-family cling or accessory buildmZ a dwell- ing by relatives ftmason of birth or marriageDw&tre is a need by reason af illness, disability or age may~iring ex- tended care or . 'lion of the relative. Th xm shall be subject to reaso conditions and the requirem ; for renew- able time periot exceed- ing five (b) years 39. Office in a dwe the prac- Y Y Y N N N Y Y Y tice of a resident. law- yer, or dentist, ided that not more than t(Z) persons not members -of resident family are.regul employed therein yin a techmiial, capaci- 'ty, and that such -zw occupies not more than tbb* three and one-third (33%) } t of the total floor area of tl. dwelling ling 40. Tennis or similar.s or swim Y Y Y Y Y Y Y Y Y ming pool, provl&i. that any swimming pool dale. enclosed by a fence or w.al v&h safety gate, at least fivefeet high, which may be the-*ell or fence of an above-gro if equip- ped with removs kladders 41. Roadside stand ire. sale of BA BA BA BA BA N BA BA . BA .the produce pm land of the owner, pied that such stand.shalllmt back at 'least thirty (30).fed from the way 42. The keeping or ding of Y Y Y N N N N N Y horses, ponies, or other large domestic aximik- A. Solely as pets; or for pri- vate noncomunevial use, provided: 1. That there is a min- - imum lot zE:e of two (2) acres the first such anima. 2. That there is a min- imum of onealditional acre for eadadditional animal up to a max- imum of six (6) ani- mals;