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HomeMy WebLinkAbout2013-02-07 Zoning Board of Appeals MinutesOUJt� C�2lC � Town of Reading ZONING BOARD OF APPEALS Minutes of February 7, 2013 Members Present: Damase Canuette, Chairman Robert Redfern John Jarema John Miles David Traniello Members Absent: Kathleen Hackett A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the Town Hall, 16 Lowell Street, Reading, Massachusetts beginning at 7:00 P.M. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 13 -01 A Public Hearing on the petition of Artis Senior Living LLC who seeks a Variance, Special Permit under Section(s) 4.3.1.4, 6.3.2.b of the zoning bylaws in order to remove the existing structures and to construct a new two -story 65 bed nursing home as per plans submitted on the property located at 1090 -1100 Main Street in Reading, Massachusetts. Attorney Brad Latham presented the Applicant's proposal to the Board. He reviewed the Artis Senior Living LLC philosophy for Alzheimer patients. The patients are not in locked quarters but instead are encouraged to exercise and use the outside facilities that are fenced in so they will have exercise and fresh air. He reviewed photographs of the present business there that is a greenhouse. Attorney Latham said the traffic would be much less with the proposed facility. The Fire Chief had requested at a DRT meeting that there be an entrance and exit with one -way traffic flow and that has been provided. There are also conservation issues with the property. If the Special Permit were granted then the proposal would meet with the Conservation Commission and the CPDC. Attorney Latham said the increase predicted for incidences of Alzheimer would require more specific nursing homes to handle this disease. There are 65 beds in this plan and each patient has their own room and sitting area. There are 34 parking spaces that are a little more than the minimum required by the bylaws. Attorney Latham presented a parking study that had been done on the property showing much less parking and traffic. The change of use would be less detrimental. This proposed use is a quiet use in comparison to what is there now and is more consistent with a residential use. This proposal reduces the impact on the land. Mr. Traniello questioned why those particular sections of the zoning bylaws were used and Attorney Latham explained why they were chosen. Attorney Latham mentioned that of all the people who have seen the plans to date, most were favorable. Mr. Traniello asked what the level of emergencies that could be expected was. The Applicant said the nursing staff is there 24 hours a day and most emergencies would be routine and if called the contracted ambulance service would come quietly. He said the patients there would not require more than the average emergencies. The Building Inspector said the area is zoned for residential use and was previously a business retail use prior to that and he thought the proposed use would be less detrimental. Mr. Jarema reviewed the history of the property. He wanted to know what the level of care would be and he thought that what has been described seemed more like an assisted care facility. The Applicant said assisted living was a much lower level where the residents may drive and come and go. He said their patients would not be this capable but still would be encouraged to walk about the facility and use the outside gardens that would be fenced in. Jay Hicks from Artis said it is a secured assisted living level. They have found that Alzheimer patients have the least amount of visitors and thus not as much parking is needed and they feel comfortable with the 34 spaces that have been provided. Mr. Jarema questioned if it would be enough. Mr. Jarema asked for the history of Artis. Mr. Hicks said they are a new company based out of West Virginia. He gave the history of the company and where they originated from and the development of the company. The owners that were interested in building assisted living broke off and formed their own company. He gave their history and listed their successes with assisted living. The same financial support has been maintained since the original inception and he said over 50 facilities have been formed by all these companies. Attorney Latham said they are requesting a Special permit under Section 6.3.2. Mr. Jarema said it is a very ambiguous request before the Board and he expected they might be required to come back to the ZBA requesting various variances. This is just the beginning of the journey. Mr. Hicks said he is looking forward to accommodating as many items as possible. Mr. Redfem thought the proposed use is less detrimental than the existing use of a retail business. He thought the Board should decide which section of the bylaw they should go by and he did not think it was Section 6.3.2.b. Attorney Latham said what they are asking for is a non- conforming use and after explaining, Mr. Redfern agreed with his description. The Building Inspector brought up some of the concerns that were mentioned at the DRT meeting. He said what the Board should concern themselves with is whether this proposed use is a better use than what was there and is it less detrimental. The Applicant said there will be seniors with dementia of various types and they would accommodate all these types. Mr. Miles asked what the security was and he was told the rooms are not locked but the entrances are all locked. The fence is a security device but they are open to suggestions for fencing suitable for the community. Their usual fence is 6' stockade with a weave pattern at the top. All lighting will be shielded from the outside. The Chairman said he got the sense that there was not anyone on the Board who had any objections to the use. But the present site plan would be changed many times as they appeared before the various Boards. Mr. Redfern said he thought they were looking for a Special Permit for a use for the 65 bed nursing home. Mr. Jarema said before it made its way through the various boards it could change in different ways, perhaps even a lesser bed nursing home. Attorney Latham said if that were the case the Applicants would have to re -apply for the Zoning Board. Mr. Jarema said he would be most comfortable using Section 6.3.2.b. Katherine Jack of 1124 Main Street voiced her concern that she and the neighbors had thought the property would revert back to residential if Eric's ever ceased to exist. She also said there would be lots of ambulances due to the lack of staffing as well as deliveries. The Building Inspector said this property is comprised of two lots and one of the lots is a residential house that is rented out as two dwellings and the greenhouse was built by the present owner without permits. Attorney Latham said the house is going to be removed and become trees and a walkway. Another abutter spoke about his right -of -way driveway on the property and the rental property on the lot. He said there was another house on the lot that was demolished and the pool was filled in and the greenhouses were built. The Chairman asked if the Board was making more of this than they needed to. The Building Inspector said they are taking a conforming residential use and allowing a business use to be performed on it. Lisa Lupine of Main Street questioned how the building proposed has changed from originally a single story to a two story. Another abutter expressed her concerns about dumpsters and odors but the Board said this is not something the Board can address but she can attend the future CPDC meetings where these issues would be addressed. Mr. Hicks showed the resident where the dumpsters would be located. Another Main Street abutter wanted to know why they could not ask any questions they wanted and the Board explained again that these type questions are not in the control of the Zoning Board but would come up at other public meetings such as CPDC and Conservation. Mr. Jarema said the two uses on the property currently need to be addressed and he suggested that Town Counsel should be consulted. Attorney Latham asked that during the process while the Town consults with Town Counsel that the public hearing not be closed and the Chairman agreed. On a motion by John Jarema, seconded by David Traniello, the Zoning Board of Appeals moved to continue the hearing to March 7 so that Town Counsel may give his opinion. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Miles, Traniello) Minutes On a motion by Robert Redfem, seconded by John Miles, the Zoning Board of Appeals moved to accept the minutes of January 3, 2013. The vote was 4 -0 -0 (Canuette, Miles, Redfern, Jarema). Adjournment On a motion by John Miles, seconded by David Traniello, the Zoning Board of Appeals moved to adjourn the meeting. Respectfully Maureen M. Recording S