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HomeMy WebLinkAbout1999-04-13 Board of Selectmen Minutes - Board of Selectmen Meeting April 13, 1999 The meeting convened at 7:30 p.m. at the Senior Center, 49 Pleasant Street, Reading, Massachusetts. Present were Chairnlan Bruce MacDonald, Vice Chairman Sally Hoyt, Secretary Matthew Nestor, Selectmen Camille Anthony and George Hines, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Paula Schena and the following list of interested parties: Attorney Steven Singer, Joseph T. Conneamey, Alice Langone, Michael Langone, Brian Morse, Steven Cacciola, Paul Forsythe. On motion by Nestor seconded by Hines, the Board voted to go into Executive Session for the purpose of discussion of litigation and approval of minutes, to come back into Open Session at approximately 8:30 p.m. On a roll call vote, all five members voted in the affirmative. The Board reconvened in Open Session at 8:40 p.m. Discussion/Action Items Decision — George Street Comprehensive Permit — Chairman Bruce MacDonald noted that this was a follow up meeting regarding the proposal of development of 17 townhouses off of George Street. Additional written information has been received and oral information will not be taken. Additional information was received from Attorney Brad Latham reiterating the concerns of the residents. Their primary concern is safety along with inadequate vehicle and emergency access, Lack of adequate useable frontage, lack of sidewalks, traffic impacts and issues of water pressure. The Town Manager noted that he had received a memo from Fire Chief Don Wood indicating that a 20 foot access is needed for emergency vehicles. He also received a memo from DPW Director Edward McIntire indicating that there is no problem with the sewer main on George Street or on Curtis Street. Additional written information was received from Attorney Cicatelli who represents L.A.B. Realty Trust. The plan was modified from 17 units to 12 units and moves the units away from the highway about 20 feet; the parking has been reduced; the refuse disposal will be put in a separate building. Regarding noise — not all of the trees will be taken out and the ledge will be left in. A letter from Dermot J. Kelly, PE was submitted stating that there is adequate access for emergency vehicles. The Town Manager noted that the easement is not an easement but is the public right of way. When George Street was constructed in 1947, it was expanded by a notch to provide access to Lot 2. Lot 3 was created into a triangle of land that is privately owned, not part of the public right of way. This leaves an access of 15.5 feet, not the 20 feet that is needed as recommended by the Fire Chief. Board of Selectmen Meeting—April 13, 1999—Page 2 Town Manager's Report The Town Manager gave the following report: e Inaccurate information was submitted relative to the ownership and width of access way available to the site. The applicant initially represented that he had 6' +/- frontage on George Street, and that the remainder of a 20' access way was an easement over Lot 26. He then represented that there is no easement but that the property has access directly to George Street. The facts as understood by the Board of Selectmen are that the right of way of George Street does in fact"protrude" into the lot in question but the parcel of land shown as Lot 3 is privately owned and is not in the ownership of L.A.B. Realty Trust. The impact of this is that the maximum width of access way that could be constructed to the site is approximately 15.5'. The Board of Selectmen finds that an access of this width is inadequate for safe access to the site for the use proposed including access by emergency access. Inaccurate information as to the size of the site was presented by the applicant. The applicant represents that the site is 67,350 square feet. Tax records show that the site is 1.9923 acres or 87,785 square feet. 4 Assuming that the Town's measurement of the lot size is accurate, and that the developer's estimate is inaccurate, the density of development as initially proposed is over 8.5 units per acre, and the revised plan submitted 4-13-99 is over 6 units per acre. The average density of land as developed in the immediately surrounding area bounded by Curtis, George, Heather and South Streets is 2.4 units per acre. Both scenarios of development proposed are more that twice the development density in the surrounding area and are out of character for this area of Reading. The area is not supported by the infrastructure to support development at this density. The topographic character of the property does not lend itself to the density of the development proposed. The westerly portion of the property is characterized by steep slopes, extensive grade differences and clear evidence of ledge. While it may be ID technically possible to develop this portion of the site, the expense of the develop- ment and the impact on the abutting properties would be detrimental to the site itself and to the abutting properties. ® The proximity of the site to the abutting 1-95 (Route 128) will have a negative impact on the proposed development itself, and will have a negative impact on the abutting properties because existing noise and pollution barriers including rock ledge and trees would be removed by the development. While this may be somewhat mitigated by the developer's representation that he will construct a noise barrier, the proximity of the development with habitable structures less than 12' (20' under the revised plan) from the highway would be problematic for future residents. The Board of Selectmen is especially concerned that residents of affordable housing, who do not have as many choices as to housing locations, would be subject to the blight of the highway in such close proximity. Board of Selectmen Meeting—April 13, 1999—Page 3 o The Board of Selectmen has supported the development of affordable housing in the community in appropriate locations, witness the linkage programs and recent development of affordable housing in Summit Village Condominiums; School House condominiums; Longwood Place Assisted Living; and isolated sites on Main Street, Pleasant Street, and Wilson and Pleasant Street. In all cases, these developments were consistent with the portion of the community in which they were constructed. Matthew Nestor noted that based on the oral and written testimony, he will vote against it. It doesn't fit in with the character of the neighborhood regarding density, access is an issue, noise is an issue, children's safety is an issue. He also noted that the Board of Selectmen is committed to affordable housing in appropriate areas; i.e., the number of units on the lot of land. Camille Anthony reiterated what Matthew Nestor said. The proximity to Route 128, density issues and lack of frontage and ledge are issues that make this development not appropriate for this piece of land. Sally Hoyt noted that she had walked the site and she took into account the open space and bird sanctuary. The development of affordable housing is a priority but it must be in the right area. There are no sidewalks, a problem with water pressure and the trees should not be disturbed. George Hines concurred with the other Selectmen. He noted that the access is inappropriate for the proposed development. It is out of character with the neighborhood. He is reluctant to support the proposal. He would be willing to work with the developer if he considered -" something in proportion with the neighborhood. Bruce MacDonald indicated that he will be voting against the proposal. He noted that guidelines exist regarding density and frontage. The original proposal offered four units of affordable housing, the revised proposal offers three units. The goal is affordable housing but the concerns override it. He would be willing to work with the developer on something more consistent with the site. On motion by Nestor seconded by Anthony, the Board of Selectmen voted to support the request by L.A.B. Realty Trust to support a Local Initiative Program (LIP) for development of property at 23 George Street as submitted by letter dated March 3, 1999 by Attorney Steven L. Cicatelli. The motion was not approved by a vote of 0-5-0. Greenhouse Acres Municipal Rubbish and Recycling Collection — Attorney Steven Singer and Joseph Conneamey were present on behalf of the Board of Trustees and Unit Owners of the Greenhouse Acres Condominiums. The Board of Appeals had amended the special permit to eliminate any requirement for private rubbish removal. They are requesting that the Board of Selectmen approve municipal rubbish collection at Greenhouse Acres. Bruce MacDonald asked if an affirmative vote would increase the budget. The Town Manager replied "no," -- that it is already included in the budget. Board of Selectmen Meeting—April 13, 1999—Page 4 On motion by Hoyt seconded by Nestor, the Board of Selectmen voted to approve the plan for the collection and disposal of rubbish and for recycling for the Greenhouse Acres Condominium complex as detailed in the letter from Singer and Singer PC dated March 24, 1999, and that the Board of Selectmen hereby approve the extension of municipal rubbish collection and disposal and recycling service to this development in a manner approved by the Director of Public Works. The motion was approved by a vote of 4-1-0, with Hines opposed. Diversity — Chairman Bruce MacDonald handed out brochures regarding diversity to the Board members. He asked the Town Manager for an update on this issue. The Town Manager noted that he has met with three different training groups and is looking at training in May. The training will require a considerable amount of time (6-8 hours). The Police have heard a presentation on the types of training that is available. George Hines asked if the Town has a policy regarding why an officer is doing a traffic stop. He noted that the Board needs to understand the policies in order to deal with the issue. Designation of Memorial DaySpeakers —George Hines noted that he spoke at Charles Lawn last year. The event was poorly organized and there was no public address system. He suggested that the Cemetery Department provide the capital to install power at each cemetery. The speaker designation is as follows: Bruce MacDonald—Laurel. Hill Cemetery; Sally Hoyt—Forest Glen Cemetery; Matthew Nestor—Charles Lawn Cemetery; Camille Anthony— Wood End Cemetery. On motion by Hoyt seconded by Hines, the Board voted to adjourn their meeting of April 13, 1999 at 9:45 p.m. The motion was approved by a vote of 5-0-0. Resp ully ,submitted, e retary