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HomeMy WebLinkAbout2016-12-15 Zoning Board of Appeals Minutes• ' Ory OFR / Town of Reading Meeting Minutes � ��1ECEIVED TO C 519. lNCORP��� R E A D IN Board - Committee - Commission - Council: � APP ! 9 P Zoning Board of Appeals 4 Date: 2016-12-15 Time: 7:00 PM Building: Pleasant Street Senior Center Location: Great Room Address: 49 Pleasant Street Purpose: General Business Attendees: Members - Present: David Traniello, Chairman John Jarema Damase Caouette Kathleen Hackett Robert Redfern Erik Hagstrom Nick Pernice Members - Not Present: None Others Present: Town Representatives: Jean Delios, Assistant Town Manager Julie Mercier, Community Development Director Chris Heep, Town Counsel Reading Village 40B Development Team: Matt Zuker, MKM Reading Ken Chase, MKM Reading Geoff Engler, SEB LLC Peter Bartash, Cube 3 Studio Public: Barry Berman, Board of Selectmen Al Sylvia, Reading Chronicle Nick Gagnon, 76 Washington Street Julie Aylward, 25 Prescott Street Mona Lee, 64 Riverside Drive Nick Safina, 221 South Street Marianne Downing, 13 Heather Drive Christine Lusk, 52 Washington Street Roger Barlabe, 518 Summer Avenue Minutes Respectfully Submitted By: Kim Saunders, Recording Secretary Topics of Discussion: Mr. Traniello opened the continued public hearing at 7:03 p.m. Other Business Page 1 1 Town of Reading Meeting Minutes 64 Springvale Road — Case #16-19 Mr. Traniello said due to a clerical error an addendum to a Decision is needed to correct the address on Case #16-19. He explained the address should reflect 64 Springvale Road. On a motion made by Mr. Redfern, seconded by Mr. Jarema, the Zoning Board of Appeals moved to issue an addendum on Case 416-19. Vote was 7-0-0 (Redfern, Jarema, Caouette, Traniello, Hackett, Hagstrom, Pernice). Case # 16-02 The Zoning Board of Appeals continued the public hearing in the Great Room at the Pleasant Street Center, 49 Pleasant Street in Reading, Massachusetts on the petition of MKM Reading, LLC who seeks a Comprehensive Permit to develop 72 units of rental housing on a 42,342 square foot residentially -zoned tract of land under Massachusetts General Laws Chapter 40B Sections 20-23, with waivers from zoning requirements, on the property located at 31-41 Lincoln Street and 2-12 Prescott Street in Reading, Massachusetts. Mr. Traniello stated this will be the final public hearing unless a continuation is granted by the Applicant. He explained the process of the meeting. After a brief overview by the Board, the Applicant will provide an update, and then a discussion by the Board, public, Town Counsel and the staff will follow. Mr. Traniello stated there has been a flurry of activity, several emails and new information recently submitted to the Board. He gave his opinion, since the Applicant updated the Plan of Record, waiver request, number of units, loading zone and parking a Decision could not be rendered tonight. He requested the opportunity to digest the information. Mr. Traniello questioned if the project meets requirements for DHCD high density projects. He requested additional peer review for the loading, parking, storm water run-off and the transformer location. He asked if a consultant should work with the Town in regards to the project being uneconomic to the Applicant. Mr. Jarema said he has not had time to review the recent submittals and asked Ms. Mercier the Community Development Director for an update. Ms. Mercier answered the request and gave a brief updated. The units have been reduced to 68; out of the 85 proposed parking spaces, 25 are for compact vehicles; there have been 4 different plans submitted for the location of the loading zone; the Police and Fire Department had no concerns with parking or on-site loading zone; and Ryan Percival the Town Engineer outlined a few concerns. She stated the Board received feedback by the email she forwarded, and the public hearing would need to close tonight without Applicant approval. Mr. Christopher Heep, Town Counsel, clarified tonight is the deadline to close the public hearing but the Board has 40 days to render a Decision. The Board is allowed to meet again and talk F$ o � h a �a �6Jg'rxron9°ar Town of Reading Meeting Minutes about the Decision on the application, but no new information can be submitted by Applicant or public. Mr. Redfern expressed his frustration receiving information at the last minute. He requested a hard copy of the plans in advance of the meeting. He questioned if the compact spaces should be peer reviewed. He listed his concerns: aisle widths, plans don't match, traffic peer review, and transformer location. Mr. Jarema stated the role of the Zoning Board of Appeals is to listen to the developer, grant waivers and increase affordable housing in the Town. He reviewed how the project has changed since the original submittal. He requested more time to digest the information before the Board renders a Decision. Mr. Jarema reminded the Applicant, at the previous public hearing Mr. Engler suggested names who could review if the project is financially feasible. Mr. Heep clarified the Applicant lost the opportunity to deem the project uneconomic when the Board announced the waiver denials at the last public hearing. The Board will not be receiving documentation from the Applicant stating the project has become uneconomic. Mr. Hagstrom commented the Applicant has reduced density and increased the parking, which is conceptually a good thing. He questioned if the peer review would have any concerns with the updated plans. He asked the Applicant to grant an extension so there is time to review the plans. Ms. Hackett stated she is frustrated as well. A Decision would be difficult to render. She requested feedback on the parking. Mr. Caouette gave his opinion that since the first proposal there has not been much progress. He said the project is still too dense, and the parking and loading zone is work in progress. He commented on the letter received from the Applicant regarding other 40B's that have been approved. He said those developments were located in a business district. He questioned if a smaller project would still be economic, and requested an independent review. He added the divide between the community and the developer is still wide. Mr. Pernice echoed the other Board members, but stated his concern if the public hearing is closed. He said the Decision conditions will need to be written without feedback. He said he is comfortable with the parking ratio, but questioned what would happen with the overflow. He asked about a management plan for the parking. Mr. Heep confirmed no new information can be provided if the public hearing is closed, but stated the Zoning Board of Appeals is not limited to a yes or no vote on the current plan. They still have some power to force changes on the project in the conditions. Mr. Matthew Zuker from MKM Reading agreed the public hearing could close tonight without a Decision rendered. He stated the 40B process and law is challenging and not perfect. He added he is still committed with working with the Board. He gave a brief explanation on why the FR Town of Reading b Meeting Minutes 4 ,ffJ91NCORQ�pP� updated plans were submitted late. He questioned if the Board is still satisfied with the parking ratio being 1.25 per unit and the location of the loading zone as the straw vote showed at the last public hearing. He informed the Board the contractor from Bald Hill Builders is present and will answer any construction management questions. Mr. Traniello reiterated the Board has not had time to review the updated plans. He would like feedback from the peer review on the loading zone and parking. He stated since there were four different plans submitted for the loading zone location if the loading zone would be on-site. Mr. Zuker replied he would like the loading zone on the street, but the Board is against this plan. He added a loading zone is not a required under the HIC regulations but is willing to provide one. He said the 30 Haven Street development has 33% compact spaces, and some units do not utilize a parking space. Mr. Traniello read a letter from the Town Manager on behalf of the Board of Selectmen. The letter stated the on -street loading zone request has been tabled due to lack of information from the Applicant. Mr. Jarema asked for clarification on having 40 days to render a Decision. Mr. Heep answered if the public hearing is closed tonight; the Zoning Board of Appeals has 40 calendar days. The Decision needs to be rendered by January 24, 2017 and 14 days to file with the Town Clerk. Mr. Jarema asked how changes can be made after a Decision is approved. Mr. Heep explained changes can be designated in the Decision, or Mass. Regulation addresses how to handle changes. The Board can make insubstantial changes at a regular meeting. If the change is deemed substantial a new public hearing is needed to evaluate the changes. Ms. Delios the Assistant Town Manager commented on the updated plan that was received late in the afternoon. She said the plan shows the loading zone on the side of the building and the transformer relocated to the rear. She stressed how important it is to have RMLD review the transformer location to be a viable location. She added the overflow parking has really not been addressed. Ms. Delios confirmed the Board of Selectmen would need to issue a waiver for the curb cut. Mr. Traniello opened the meeting to public comment. Nick Safina the chairman of CPDC gave his opinion and stated the loading zone should be a dedicated on-site space. Nick Gagnon of 76 Washington Street questioned how the Board rationalized allowing one loading zone, when four was originally requested. He said the changes made by the Applicant have created other impacts. He questioned snow removal and management. He added the changes impact the abutters and now there is no proposed screening. 4 FB ��'�8alNCOR4��A Town of Reading Meeting Minutes Marianne Downing of 13 Heather Drive questioned the lot coverage waiver requirement, did it include impervious or the building. Mr. Traniello answered the lot coverage waiver is only for the building. Ms. Downing asked for an extension to see what RMLD comments are on the relocated transformer. Christine Lusk of 52 Washington Street questioned the trash location. She said the plan today shows trash being picked up on Prescott Street. She requested an O&M plan and to pinpoint the trash and snow removal. She stressed her concern on the loading zone, and opined this project is not similar to 30 Haven Street. Nick Aiello of 92 Washington Street requested a landscape plan showing the landscape buffer. He questioned if an 8' fence is now proposed, rather than the greenery that was previously shown. Marianne Downing of 13 Heather Drive asked if there is precedent in Town allowing 30% compact spaces. She questioned if certain units are deeded to compact spaces. Mr. Zuker addressed the questions: 30 Haven has 33% compact spaces; there could be a reduction in rent if a parking space is not utilized; snow removal will be handled by management, the snow being hauled off site can be a condition; an 8' fence is being proposed due to the loss of greenery when parking spaces were added; the building was pulled back from the street to reduce falling ice and snow on the sidewalk; the lighting is limited on site; signage will comply with bylaws and an O&M plan will be submitted to Town staff. He concluded he drove by the area tonight and there were 70% parking spaces open, but will work with the Town in the future on the parking. Mr. Bob Engler of SEB LLC, the Applicant's 40B Consultant, requested a brief break to confer with the Applicant. Mr. Traniello closed the meeting to the public. After the brief break, Mr. Engler acknowledged the Boards concern about lack of time and need for peer review. He gave his opinion the scope of changes are exaggerated, the point of egress has not changed and a traffic peer review is not needed. He agreed to leave the public hearing open for peer review of parking configuration and the loading zone. He said since the Decision is close to being finalized and there are only two outstanding items, he requested truncating the 40 days to render a Decision. Mr. Traniello reiterated he would like a traffic and engineering peer review. He requested a Traffic Management plan for the 85 parking spaces so the spaces are policed properly. He brought fourth his concern that the holiday season does not allow an enormous amount of time for a peer review. He stated the next meeting could be held on January 19, 2017. He deferred to Town Counsel regarding the reduction of the 40 day period. OFRfi Town of Reading b Meeting Minutes 4 63S. 1NCpRp��^ Mr. Heep acknowledged the Applicant to agreeing to extra time. He said the 40 days that is allowed after the public hearing closes has a function. He said if the public hearing stays open, 30 days might be do -able. The Board needs their time to review the Decision, discuss and edit the Decision. Mr. Traniello asked the Board what they thought about the suggestion made by the Applicant. Mr. Engler gave his opinion why the Board would not need 40 days to render a Decision. He said no new information will be submitted by the Applicant. Mr. Heep stated the peer reviewers need their time to review the new information. Mr. Traniello asked the Applicant if the public hearing could be continued to January 19, 2017. This would allow the discussion on truncating the 40 day period to continue after the peer reviews. Mr. Engler stated his concern if the public hearing is allowed, then the request to reduce the 40 days is denied. Mr. Zuker said the plans were changed based on the straw vote taken by the Board at the last meeting. The straw vote showed a 1.25 parking ratio. The loading zone is now located on-site. He questioned if the Board was looking for additional changes. He suggested having the peer review be part of a condition. Mr. Engler requested the Board to review the draft Decision and send comments to Town Counsel before January 19, 2017. He said he would hope density would not be a concern. Mr. Heep stated the loading zone location is important, and the Board would like the peer review. Mr. Zucker asked the Board what they would do if the peer review finds the parking and loading zone acceptable, or if they find it unacceptable. Mr. Jarema stated since he has been on the Zoning Board of Appeals, he has listened to five 40B's. He said the Board tries to work with the developers. He said he understands the Applicant is looking for a guarantee, but there is not one. He said the Board needs to look at everything. He understands there will be changes, but stated the Applicant does not want to come back with a substantial change. He concluded, extending the public hearing until January 19, 2017 is not unreasonable. Mr. Traniello said the updated waiver list is similar to the last one submitted. He said he did not see the Board changing their position on the waiver request. Mr. Zuker asked the Board for their preference on the loading zone options. Mr. Traniello answered the Board is not comfortable answering that question. 0 Fl? Fa sJ9, rxcon4��Q Town of Reading Meeting Minutes Mr. Engler requested the peer reviewers be contacted as soon as possible, so the Applicant can be notified what is needed as soon as possible. Mr. Heep said he will need the extension request in writing. On a motion made by Mr. Jarema, seconded by Mr. Caouette, the Zoning Board of Appeals moved to continue the public hearing to January 19, 2017. Vote was 7-0-0 (Redfern, Jarema, Caouette, Traniello, Hackett, Hagstrom, Pernice). Adjournment On a motion by Ms. Hackett, seconded by Mr. Hagstrom, the Zoning Board of Appeals moved to adjourn the meeting at 9:30 p.m. Vote was 7-0-0 (Redfern, Jarema, Caouette, Traniello, Hackett, Hagstrom, Pernice). Documents reviewed at the meeting: ZBA Agenda 12/15/16 Draft Decision MGL Ch. 40B Comprehensive Permit New Information: • Plan of Record