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HomeMy WebLinkAbout2016-05-12 Zoning Board of Appeals MinutesF k Town of Reading e Meeting Minutes �2 ,p ,�9r tNCpAP°�'G`' Board - Committee - Commission - Council: Zoning Board of Appeals Date: 2016-05-12 Building: Pleasant Street Senior Center Address: 49 Pleasant Street Purpose: General Business Attendees: Members - Present: Robert Redfern, Chair Damase Caouette John Jarema Erik Hagstrom David Traniello Kathleen Hackett Nick Pernice Members - Not Present: None Others Present: Time: 7:00 PM f'EGEIVED TOVt"'i READING, loll APR 19 P 4: 281 Location: Great Room Town Representatives: Bob LeLacheur, Town Manager Jean Delios, Assistant Town Manager Julie Mercier, Community Development Director Chris Heep, Town Counsel John Gelcich, Beals & Thomas, Inc. Reading Village 40B Development Team: Matt Zuker, MKM Reading Ken Chase, MKM Reading Geoff Engler, SEB LLC Peter Bartash; Cube 3 Studio Public: Nick Safina, 221 South Street Eileen Manning, 78 Riverside Drive Christine Lusk, 52 Washington Street Nicholas Aiello, 44 Vine Street - owner of 92-94 Washington Street Joan Cotter, 49 Riverside Drive Jonathan Barnes, 41 Pratt Street Marianne Downing, 13 Heather Drive Tom White, 46 Grand Street Joan Coco, 4 Fremont Street Lee Lew, 64 Riverside Drive Virginia & Everett Blodgett, 99 Prescott Street Christine Hansen, 30 Haven Street #2008 Christina Moore, 75 Green Street #2 Joshua Lemaitre, 83 Prescott Street Brandon LeFlem, 119 Middlesex Avenue Page 1 1 Town of Reading Meeting Minutes Thomas White, 46 Grand Street John Yurweicz, 10 Fairview Avenue Julie Aylward, 25 Prescott Street Margaret Paquete, 49 Lincoln Street Joseph Gesmundo, 34 Sunnyside Avenue Nick Gagnon, 76 Washington Street Marianne Downing, 13 Heather Drive Jeanne Thomases, 21 Arlington Street Hank Enos, West Street Lianne & Paul Stoddard, 96 Washington Street Lois Bell, 35 Washington Street Cathy Capozzi, 138 Woburn Street Jonathan Barnes, 41 Pratt Street Joan Cotter, 49 Riverside Drive Stephen Crook, 137 Pleasant Street Damon Lusk, 52 Washington Street Grace Jakubowicz, 85 Sunnyside Avenue John Ceros, .10 Fairview Avenue Eileen Barrett, 90 Sunnyside Avenue Kathleen-Rovnak 86 -Sunnyside -Avenue Minutes Respectfully Submitted By: Kim Saunders, Recording Secretary Topics of Discussion: ZBA Case # 16-02 Mr. Redfern opened the meeting at 6:30 p.m. He explained that the Town's 40B Consultant — John Gelcich of Beals & Thomas, Inc. — would give a brief presentation on M.G.L. Chapter 40B. Mr. Gelcich explained that he is a planner hired by the Massachusetts Housing Partnership (MHP) to provide technical assistance and guidance to the Town on the 40B process. He gave a PowerPoint presentation titled: "Chapter 40B Comprehensive Permit Overview." After the presentation, Mr. Gelcich answered questions from the public. Public Comment Tom White of 46 Grand Street questioned if documentation of the statuary minima is public record. Mr. Gelcich outlined the process if a Town believes they have met the statutory minima. Ms. Delios stated that an analysis was done and has been posted on the Town website. Marianne Downing of 13 Heather Drive asked about the Local Concern of safety and health of residents. She questioned whether noncompliance with building and fire codes could constitute a Local Concern for Reading. Mr. Gelcich explained that the ZBA does not oversee the building or fire codes, but that a building permit will not be issued if the plans do not meet code. He noted that the ZBA could add fire code concerns as conditions, but that the developer could appeal the conditions. Jonathan Barnes of 41 Pratt Street asked whether the proposed project density, height and lack of setbacks could factor into the decision, and asked about the review and determination of project economics. Mr. Gelcich stated that economics is not part of the ZBA process at this time, but Page 1 2 could come up if the Board writes a condition that the Applicant believes renders the project `uneconomical.' He explained that the Board would have to clearly state and substantiate any condition regarding the impacts of the density on the health and safety of the residents. Nick Safina of 221 South Street questioned when the ZBA timeline officially starts considering the plans submitted are insufficient and cannot be used as building plans. Mr. Gelcich responded that the timeline began when the application was received, but that the developer could grant the Board an extension if needed. Grace Jakubowicz of 85 Sunnyside Avenue expressed shock at how the Town is changing. She mentioned concerns with existing traffic and opined that additional development will exacerbate the situation. She asked if a commercial building could be built instead of an apartment building. John Ceros of 10 Fairview Avenue questioned how the Town could go 47 years without reaching the 10% requirement of the State. He opined that the schools are already overloaded, and asked how the Town plans to handle the added demand. In response to the questions from Ms. Jakubowicz and Mr. Ceros, Mr. Gelcich said that the State just sets the mandate but does not tell developers where to build. Until the Town meets the 10%, 40B applications will continue to be submitted. Mr. Redfern requested that the public ask questions on the 40B process only, and reserve specific project questions for public comment during the hearing. Joshua Lemaitre of 83 Prescott Street asked about Local Preference and whether the time period to determine the Town's need has lapsed. Mr. Gelcich answered that Local Preference is determined after the ZBA has decided on the Comprehensive Permit. Ms. Delios noted that residents can find information on the Town's website about the Subsidized Housing Inventory (SHI). Mr. Gelcich commented that the 10% number changes with every census, as new market rate and affordable units are accounted for. He explained that it is the burden of the Applicant to prove to the Housing Appeals Committee (HAC) that a condition of the decision makes the project `uneconomical.' Eileen Barrett of 90 Sunnyside Avenue questioned whether the Town will ever reach 10% and asked why the older projects do not have more 40B units. Mr. Gelcich stated that Chapter 40B requires that affordable units be deed restricted for 30 years, after which restrictions can expire if the Town does not intervene. Kathleen Rovnak of 86 Sunnyside Avenue questioned if Reading Woods is a 40B. Ms. Delios stated that part of Reading Woods was constructed under Chapter 40R. Jean Thomases of 21 Arlington Street asked about the minority population pool. Joan Cotter of 49 Riverside Drive questioned the Board's timeline if no new information is provided by the developer. Mr. Gelcich noted that the Board can ask for an extension of time, and pointed out that MassHousing has provisions for handling a nonresponsive developer. Lois Bell of 35 Washington Street questioned how the Town could reach the 10%. Mr. Gelcich stated the Town of Reading is not that far off compared to other Towns. He added that the State updates the SHI every two years. Page 1 3 Nick Gagnon of 76 Washington Street asked for clarification about Local Concern and Local Need. Mr. Gelcich explained the difference and gave examples of conditions that were upheld. Julie Aylward of 25 Prescott Street questioned whether individual rental units that are not part of 40B projects can count toward the SHI. Mr. Gelcich stated that any units with an affordability restriction acceptable to the State can count, but that typically individual units like the ones she described are not restricted, even though the rents may be `affordable.' Marianne Downing of 13 Heather Drive questioned if the ZBA could modify conditions. Mr. Gelcich stated that he is not sure if conditions in a decision can be amended. Kathy Rovnak of 86 Sunnyside Avenue asked if existing homes can be made into affordable units. Mr. Gelcich responded that it does happen, but is a difficult process in terms of timing and cost to the Town. He added that the 40B process is a quicker route to 10%. Brandon Leflem of 119 Middlesex Avenue asked how many other Towns have met the 10%. Mr. Gelcich stated that the information can be found on the State website. Nick Safina of 221 South Street said that the Town does not have to meet the 10% if it can demonstrate that it is making a certain amount of progress toward affordable housing each year. The presentation ended at 7:30 p.m. 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 77 units of rental housing on a 36,604 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 39-41 Lincoln Street and 2-12 Prescott Street in Reading, Massachusetts. Mr. Redfern opened the continued public hearing at 7:31 p.m. Matt Zuker of MKM Reading explained to the Board that after over a year of negotiations, an agreement for the Brown's Automotive parcel on the corner of Lincoln and Prescott Streets was signed earlier that day with Mr. Brown. He said that the design team will submit new plans that include this third parcel. He indicated that no additional units would be added and that the added parcel would hopefully help address some of the Town's concerns. He offered to grant the Board a 60 -day extension of time. Mr. Redfern commented that the Board was disappointed with the Applicant's lack of communication with the Town since the last hearing, but noted that the Applicant's acquisition of the corner parcel was welcome news. He questioned when the Board would get details and updated plans. After discussion, it was agreed that the hearing would be continued at the Board's June 23, 2016 meeting. Mr. Pernice asked if the affordability restrictions would be for 30 years or in perpetuity. Mr. Zuker answered it would be in perpetuity. Mr. Traniello acknowledged that Mr. Sexton, a member of the Reading Board of Selectmen, had worked with the Applicant in the negotiations with Mr. Brown. He commended the Applicant Page 1 4 for focusing their efforts on getting the third parcel, which will benefit the project. He suggested that a 90 -day extension of time might be more appropriate than the suggested 60 -day extension. Mr. Redfern and Mr. Heep, Town Counsel, agreed that the request for a 90 -day extension was reasonable given the date of the next hearing and the fact that the Board currently does not have a plan before them. Mr. Zuker agreed to the 90 -day extension. Mr. Heep agreed to draft an extension -of -time document for the Applicant and ZBA Chair to sign. Mr. Jarema asked if an update to MassHousing would be required. Mr. Engler of SEB LLC responded that the correct protocol will be followed and that the Town will be copied on all correspondence. Mr. Traniello made a motion that the Board approve the agreement to extend the 180 -day 40B timeframe by 90 days — to November 1, 2016 — pending memorialization in writing from the Applicant. The motion was seconded by Mr. Jarema, and approved with a 7-0-0 vote (Redfern, Jarema, Caouette, Traniello, Hackett, Hagstrom, Pernice). Ms. Delios requested that the Applicant provide the new plans and materials by June 6, 2016 so that the peer reviewers, staff and the Board can review them before June 23, 2016. She noted that there might be additional costs to the Applicant for the peer reviewers to review the new plans. Mr. Traniello made a motion that the Board approve the Applicant's request to continue the public hearing to June 23, 2016 with updated plans to the Town by June 6, 2016. The motion was seconded by Mr. Jarema, and approved with a 7-0-0 vote (Redfern, Jarema, Caouette, Traniello, Hackett, Hagstrom, Pernice). Mr. Redfern opened the floor to Public Comment. Public Comment Joshua Lemaitre of 83 Prescott Street questioned if two weeks is enough time for the peer reviewers to review the new plans. Ms. Delios indicated that she thought it would be based on the turn -around time of their first review. Eileen Barrett of 90 Sunnyside Avenue questioned how much the Town can influence what the Applicant is building. She gave an example of artist lofts in Lowell. Mr. Engler responded that the Town can make suggestions relevant to the plans, but that there would need to be significant public subsidy to build artist lofts. Marianne Downing of 13 Heather Drive questioned if Mr. Brown's property would be zoned for 40B or 40R. Mr. Engler answered that the parcel will be absorbed into the 40B project. Adjournment On a motion by Mr. Traniello, seconded by Ms. Hackett, the Zoning Board of Appeals moved to adjourn the meeting at 7:55 p.m. Vote was 7-0-0 (Redfern, Jarema, Caouette, Traniello, Hackett, Hagstrom, Pernice). Documents reviewed at the meeting: ZBA Agenda 5/12/16 Memo from Community Development Director to Board, dated 5/10/16. Letters received from residents since 3/17/16. Beals & Thomas, Inc. Presentation: "Chapter 40B Comprehensive Permit Overview Page 1 5