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HomeMy WebLinkAbout2007-11-01 Zoning Board of Appeals Minutesow~ ~t~--RK Town of Reading ZONING BOARD OF APPEALS Minutes of November 1, 2007 Members present: Robert Redfern, Chairman Susan Miller Paul Dustin Clark Petschek Peter Tedesco John Jarema Members absent: `JCLERK ;E ~DING, MASS. 2g j&H 10 A 11: 414 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, at 7:00 P.M. Case # 07-11 Continuation of a public hearing to hear the submitted Local Initiative Program (LIP) application for property addressed at a portion of 49+ Pleasant. Street (Assessors Map 0065, Lot 0007) and 75 Pleasant Street (Assessors Map 0065, Lot 0006). The application proposes to place 4 units of rental housing at said location, of which 100% of the units will be made affordable as per the Board of Selectmen LIP Regulations. The applicant is The Reading Housing Authority of 22 Frank Tanner Drive, Reading, MA. Attorney Brad Latham said that in addition to the memo submitted by the Town Engineer he had a memo from the Fire Chief saying that based on review of the construction documents the Chief did not see any reason the project could not proceed. Tim Williams, Project Engineer, presented the current revised plans that were based on previous comments. There will be eight parking spaces with reserved signs for the tenants and this was reviewed with the Town Manager. The handicap space in this area has been removed. Mr. Williams reviewed the changes to the drainage system and they have consolidated the utility lines so there would be just one line in to the building. Attorney Latham said the parcel of land that contains the eight parking spaces is that part of the lot that relates to the Comprehensive Permit along with the proposed structure. He said the Reading Housing Authority would provide one public parking space across the street at their other property to cover the loss of one public parking space in the lot behind the new units. Mr. Jarema asked who takes care of the RHA property and Lyn Whyte of the RHA said they will do it themselves with some outside contractor help as well. Ms. Whyte said the Town does assist ZBA Meeting, November 1, 2007 during snow removal after heavy snowstorms. Attorney Latham said the Town would take care of this lot regarding snow plowing, removal and sanding. This is an agreement the RHA has with the Town in their Memorandum of Understanding. Mr. Jarema said he would like a copy of the Memorandum of Understanding between the RHA and the Town to be included in the ZBA file for this case. Attorney Steve Lessa of Wakefield, MA said he was representing Mr. & Mrs. DePasquale, abutters who reside at 16 Parker Street. Attorney Lessa said they have objections regarding water drainage, testing, flow tests and gradients. He said there is a steep grade and the drainage system seems to have two grates about 20' away that drains into a perforated pipe drywell. His clients are 10' to 20' away from this drywell. There were no tests done regarding the water table in this area. The abutters' foundation is right there and the water seemed high after a recent rain event. Attorney Lessa thinks these tests are important and he would like to see them done. He also wondered why it was a perforated pipe system instead of a closed system and he could not seem to find answers to his questions. The Chairman said these were some of the concerns that the Town Engineer put in his memo submitted tonight. A copy was given to Attorney Lessa. Attorney Latham said the same amount of rain would hit the site as before. He said the Town wanted ground water recharge so they planned on putting in a perforated pipe. If the Town says they want a closed pipe the Applicant will do this. The Chairman asked if this storm water design material had been made available to the Town Engineer and Attorney Latham said it had been. Mr. Williams said they designed the system to meet the State requirements. He showed Attorney Lessa where the borings were performed on the site and Attorney Lessa said these would not show the accuracy as to what will end up at his client's foundation. He wants a percolation test to be performed so he can see that the water is going into the ground. Attorney Latham said they are dealing with conceptual designs and they are discussing something that does not really apply to the comprehensive permit. He said it really is a separate issue. Ms. Miller said Attorney Lessa should speak about his concerns to the Town Engineer who has the final say as to the drainage system. Mr. Jarema explained to Mr. DePasquale that this is a conceptual design and the onus will be on the Town Engineer to make sure that all is done correctly and in the best interests of both the project and the abutters. Ms. DePasquale said they have been involved in this for three years and they felt they needed to bring their Attorney to protect their interests because they feel they have not received the answers they are seeking concerning water runoff. Attorney Lessa said he thinks there will be a great amount of water now being dumped on his client's property. He said he expects big problems and he and the DePasquales would like some answers and test results. The Chairman explained again that the Town Engineer and the Project Engineer would adhere to rules and regulations that are set forth by the Town and the State. Mr. Williams said he would be 2 ZBA Meeting, November 1, 2007 happy to meet with the DePasquales. Mr. Jarema suggested that the DePasquales write a memo to the Town Engineer addressing their concerns so he could respond specifically. Mr. Jarema asked the Board if they would be willing to accept a letter of concern from the abutter's attorney to be delivered by Monday morning and the other members of the Board agreed. The Board reviewed the proposed decision for the Comprehensive Permit with Attorney Latham. Attorney Latham said although this is an Approval Not Required (ANR) he was sure it would go before the CPDC for approval. He said the General Conditions were standard and affordability was the key here and there would be local preference. All construction conditions shall meet the requirements of the Town and the State. The Plan Conditions were reviewed. The trees and bushes on the property were discussed and how they hoped to not remove trees near the proposed units. Mr. Jarema said he would like the landscaping to be shown on the plan so it could be approved as part of the project. Attorney Latham said if they put in a condition about "reasonable efforts" to save the trees and if it was not feasible then the Applicant would come back before the Board for a modification if necessary. There was a discussion as to whether the Applicant was required to bring in all utilities, including phone and cable, underground. This will have to be checked on to see if this was the intent of the Selectmen. Attorney Latham said the proposed project only encompasses the actual proposed dwellings and the eight parking spaces associated with it and not the municipal lot and what needs to be done there. He said the RHA project was not feasible if they would be required to pay for the necessary work to be done on the municipal lot. The RHA does not have the money to pay for this work. They have the money only for the proposed structure and the parking spaces that are on their lot. It was decided between the Board and the RHA that the Memorandum of Understanding between the RHA and the Town be mentioned in the Procedural History with an explanation as to its content. Attorney Latham said he would draft a revised decision and email it to the Town Planner but Mr. Tedesco said Attorney Latham should email it to him and he will discuss the decision with the Town Planner. On a motion by John Jarema, seconded by Peter Tedesco, the Zoning Board of Appeals moved to continue the hearing to November 8, 2007. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Jarema, Petschek, Tedesco: Dustin did not vote because he was ineligible because he missed the first hearing on this case). 3 ZBA Meeting, November 1, 2007 Minutes On a motion by John Jarema, seconded by Clark Petschek, the Zoning Board of Appeals moved to accept the minutes of September 20, 2007 with changes. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Jarema, Petschek, Tedesco). On a motion by Clark Petschek, seconded by Susan Miller, the Zoning Board of Appeals moved to accept the minutes of October 4, 2007 with changes. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Jarema, Petschek, Tedesco). Adjournment On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Jarema, Petschek, Tedesco). Respectfully Mau n M. Recording SE 4 ZBA Meeting, November 1, 2007