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HomeMy WebLinkAbout2004-03-11 Zoning Board of Appeals Minutes0- Town of Reading ZONING BOARD OF APPEALS Minutes of March 11, 2004 Members present: John Jarema Susan Miller Robert Redfern Paul Dustin r''; f 1 i kIt SS. 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 were Chris Reilly, Town Planner, and John Gannon, Town Counsel. 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. Attorney Lamond read a letter aloud he wrote to the Board and reviewed his conversation with the Fire Chief regarding the revised plan. Attorney Cicatelli said the main concern is fire apparatus being able to turn around and the Fire Chief approved this. They have widened out a couple of areas at the request of the Town Engineer. They are not required to have a fire lane unless the Fire Chief requires it and he did not. Attorney Lamond said the Fire Chief made it clear to him the reason for an 18' access is for the apparatus and they cannot provide 18 feet. His clients have made a decision and they affirm their support for the original proposal. They do not support any plan that is in violation of the fire code. Town Counsel said the Fire Chief has not required a fire lane to date. Attorney Cicatelli said they have submitted a plan with an 18' way and if the Fire Chief so designates a part of that as a fire lane the Petitioner can do that. Attorney Lamond said that was not his client's only objection to the revised proposal. They have an overlay showing there is really only 15 feet access. f The Town Planner said the Town Engineer suggested to the Applicant that other than a few minor changes the plan was acceptable to him. 40B's do not necessarily adhere to the town standards. The Fire Chief has approved less than 18' as acceptable. The Chairman said that in the proposal given to the Board at this meeting there is an 18' access off of Curtis Street. That does comply with the rule and it does not harm the egress out of the project onto George Street because if the Fire Chief deems it necessary they can use that way into the project. Attorney Cicatelli said he thought the Board should close the hearing to public comment at this meeting. Attorney Lamond said his clients had prepared charts and overlays that showed the roadway stands at 15'. Using overlays over the Applicant's plans his clients showed that the access would be right through the Capobianco's driveway. Using photos they showed how dangerous the proposed egress would be and that it was only 15'. Attorney Cicatelli said it was not easement but a public way and they do have the right to access on the public way. Paul Fennochio, land surveyor, said there is a walkway over that small triangle that goes across the end of the Capobianco driveway. The Chairman said when the Town Engineer met with the Town Planner he told him there was 16' and we would have to accept what the Town Engineer said. The Town Planner explained that the Fire Chief did not want parking to be allowed on the roadway and he did not want to provide any written comment for this meeting. The Board then discussed what was the most appropriate thing to do in this situation and whether the Board members are constrained by the litigation that is pending. Town Counsel said it was up to the Board to decide the best project for the town. Their job was to do what is best for the town regardless of other factors. The Town Planner explained that one of the conditions of the draft plan was that the Town Engineer review and approve the final plan. It was also noted that the current plan was put on the website so that any interested parties could review it. The Chairman reminded everyone that it was the responsibility of the Board to decide if this project would be permitted and that the most appropriate 40B development is what the Board was trying to achieve. Mrs. Capobianco said when the former Board granted this 40B permit she opposed the access and the safety issues and how they will impact her family. Matt Tisakani said he was worried about the safety of the Capobianco family. Attorney Cicatelli explained that the area that goes past the Capobianco's driveway is a public way and his applicant did not create this situation. He stated that there is the option of relocation of the driveway. 2 The Chairman said they are trying to come up with alternatives because there is a project going in there no matter what. He said they are not going to ignore any one neighbor but at the same time they have to come up with a time frame that makes this realistic. The Board discussed the fact that the Fire Chief and the Town Engineer choose not to respond any further by not having comments, can Mr. Lynch and the Capobianco's come up with something agreeable to both, and mitigation that would address the issues with some of the abutters. The members also concurred that there does not appear to be any new relevant information and they would like to see this plan work with an entrance off Curtis Street and egress off George Street. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to close the public hearing. The motion was approved by a vote of 3-0-0. The Board began to go over the conditions but did not complete them at this meeting. The conditions will also have to be reviewed by Town Counsel. The Town Planner explained that the first part was a review so far and the second part is the findings. The Chairman said there has to be one way in and one way out and something should be done about the potential dangerous situation regarding the Capobianco's driveway. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to continue the hearing to April 8, 2004. The motion was approved by a 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 su Ma M. Kr Recording Secr