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HomeMy WebLinkAbout2004-04-08 Zoning Baord of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of April 8, 2004 Members present John Jarema Robert Redfern Susan Miller f "l t.. 1. t yE 6 i 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. Also present was Chris Reilly, Town Planner. Case # 00-10 Continuance of a Public Hearing on the petition of James T. Lynch, Trustee of L.A.B. Realty Trust who seeks a Comprehensive Permit under MGL Chapter 40B of the Zoning By-Laws in order to construct 10 townhouse units on the property located at 23 George Street. The Chairman explained that since the last hearing there have been three working sessions. The Board is using the plan submitted at the March 10, 2004 hearing and they are still discussing the 18' access off of Curtis Street. There was a great deal of concern regarding the Capobianco's safety because of cars coming by the end of their driveway while exiting onto George Street. Attorney Lamond and Attorney Cicatelli updated the Board with regard to utilizing the small triangle at the exit way. They were able to work out a settlement involving this triangular piece of land that will convey that parcel to the Petitioner. They submitted to the Board a new plan dated April 8, 2004 that shows that with this added triangle the exit driveway would be straighter. Lot A would be deeded to the Capobianco's and Lot B would be deeded to the Crispo's provided the CPDC approves the conveying of Lots A and B. They thought this was a settlement that could work and be approved by the Zoning Board. They asked the Board to approve the March 10th plan and then let them come back with a modification so that the April 8th plan can be approved because they did not have the ownership of the triangle yet. The Town Planner reminded them that the telephone pole issue must be addressed because it would have to be moved. The Chairman read a letter to the Zoning Board from the Board of Selectmen regarding the situation. The Fire Chief said he would allow the plan that had been submitted with the 18' wide driveway as long as the town had permission to ticket on the property. Robin Hamilton questioned the locations of the catch basins because as you moved to her property the last catch basin is well over to the left side and she wondered if an additional catch basin could be placed closer to her property. She would like the excess water to go downwards instead of towards her property. The Chairman told Mrs. Hamilton the plans were preliminary and the Town Engineer will specify later what will have to be specifically done because a 40B is conceptual. Since Town Counsel was not present the Board was going to insert the same provisions regarding trees as was used in the Spence Farm 40B. Before the project begins the tree warden will decide what will be taken and what will remain. This doesn't lock anyone in but just makes sure that the big trees are retained. The intent is to pre-mark what is going to be taken down and what will remain. Chris Reilly will be the negotiator and the Board does not any major trees taken down. The Board continued to go over the conditions. Regarding number 1: add `as agreed to' by the applicant (Town Counsel to word this) and perhaps insert a narrative text on chronology. Regarding number 15: Attorney Cicatelli said he would want the release of certain amounts of the surety to be reviewed by the Town Engineer and approved by the Zoning Board. Regarding number 16: language was added that if the project was constructed in phases the affordable units shall be constructed at a ratio of 25% of all units prior to the issuance of Certificates of Occupancy. Regarding number 19: to be checked with Town Counsel as to time limitations. Regarding number 20: to be checked with Town Counsel to determine if this is a legal requirement. The Chairman mentioned that they have to add in the access on Curtis Street and egress on George Street as well as the looping of the water main. Next there was a considerable discussion regarding the fencing that will be provided to the abutters by the Petitioners. The Capobianco family wanted white vinyl instead of cedar stockade. The Hamilton family wanted the cedar stockade. Attorney Cicatelli said he would let the Board decide. The Board members were inclined to favor the white vinyl fencing. The Town Planner said he recommended a screen of greenery on the other side of the white vinyl fence to minimize the site line impact on the abutters of the complex. Attorney Cicatelli said since there was only 3 feet of space between the fence and roadway there was only a limited amount of space in which to plant trees so it would be more in the form of a hedge than a tall tree. The Chairman asked the Town Planner if he would handle the tree situation as to what would be most appropriate. Attorney Cicatelli said another direction would be to provide the trees and plant them on the abutter's side of the fence. Mrs. Capobianco said she would defer to the Town Planner. She also said she would defer to the Town Engineer regarding the safety in her driveway area. Attorney Cicatelli said there would be 31 parking spaces which is more than required. The Capobianco family requested that the Petitioners build them a driveway that goes onto George Street and if the Board gave permission they would submit plans to the Town Engineer. The Petitioners also said they would put up a 6' white cedar stockade for the Hamilton family as they requested. Zoning Board members John Jarema, Robert Redfern, and Susan Miller approved the Decision, subject to Town Counsel review, by a duly made motion and vote of 3-0-0. On a motion by Susan Miller, seconded by Robert Redfern, the Zoning Board of Appeals voted to adjourn the meeting. The motion was approved by a vote of 3-0-0. Respectfully submitted, Maureen M. Knight Recording Secretar},