HomeMy WebLinkAbout2003-12-11 Zoning Board of Appeals Minutesi
Town of Reading
ZONING BOARD OF APPEALS
Minutes of December 11, 2003
Members present:
John Jarema
Robert Redfern
Susan Miller
Paul Dustin
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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; John Gannon, Town Counsel; Joe Delaney, Town Engineer; and Greg
Burns, Fire Chief.
Minutes
Minutes of August 5, 2003 were approved with changes.
The motion was approved by a vote of 4-0-0.
Minutes of August 21, 2003 were approved with changes.
The motion was approved by a vote of 4-0-0.
Minutes of September 4, 2003 were approved with changes.
The motion was approved by a vote of 4-0-0.
Minutes of September 18, 2003 were approved with changes.
The motion was approved by a vote of 4-0-0.
Minutes of October 2, 2003 were approved.
The motion was approved by a vote of 4-0-0.
Minutes of October 16, 2003 were approved with changes.
The motion was approved by a vote of 4-0-0.
Minutes of November 6, 2003 were approved with changes.
The motion was approved by a vote of 4-0-0.
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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 said the public hearing was continued to give the Applicant opportunity to work
with the Fire Chief and the Town Engineer regarding drainage and access at the proposed site.
The Town Engineer said the Applicant has substituted a more gradual turn with the house on the
other side of the road that improves the access and addresses the turning radii issue. The
Applicant has also proposed a stop sign and a 10-mile per hour zone. He also said the soil at the
site is quite good with a good perc rate and it appears that the drainage can be handled on the,
site. He was also continuing to recommend that the water main be looped.
The Fire Chief addressed the two requirements that he had regarding the site. The first was that
the slope should be less than 6%. The second was that the Applicant give permission to the
Reading Police Department to issue traffic tickets at the site. He would like to see both of these
confirmed in writing.
Attorney Cicatelli said the 20' access way is acceptable to the Town of Reading By-Laws. He
was meeting with the Board of Selectmen acting as Road Commissioners at the site on the next
Saturday but said he was not sure why. He stated that it was premature because he had not yet
submitted an application to the Board of Selectmen.
The Chairman said he had asked the Town Manager to relay to the Zoning Board the Board of
Selectmen's thoughts regarding the site. Then the Board could begin to work on the proposed
rough draft of the conditions at the next scheduled meeting with the Applicant and then end the
public hearing portion.
Attorney Cicatelli said he did not understand how the Board of Selectmen could get back to the
Zoning Board since there was not an application before them. He said the Applicant deserves a
public hearing and they cannot make a determination because he is not going to submit an
application to the Board of Selectmen until he gets a determination from the Zoning Board.
The Town Planner explained that the Board of Selectmen conduct many site walks to see what is
being considered and their intent is to give some idea as to what their concerns may be. The
Board then heard comments from the abutters who were present at the meeting.
On a motion by Susan Miller, seconded by Robert Redfern, the Zoning Board of Appeals voted
to continue the hearing to February 19, 2004.
The motion was approved by a vote of 3-0-0.
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Other Business: Archstone - Insubstantial modification (revised grading plan)
The Zoning Board of Appeals made the following finding:
A. Determination of Insubstantial Change: Based upon its review of the Revised Grading &
Drainage and the revised Site Layout Plans, dated October 15, 2003, as revised November
20, 2003, Archstone's Memorandum dated November 25, 2003, and the comments received
on the two plans from Town staff and committees, the ZBA determined that the changes
requested are insubstantial and that the permit shall be modified in the following respects as
indicated below.
B. Revised Grading & Drainage and Revised Layout Plans Dated November 20, 2003:
Based upon its review of the Revised grading & Drainage Plan and the Revised Layout Plan
submitted and the comments received from on the Plan from Town staff and committees; the
ZBA makes the following findings:
1. The modified plans will reduce heavy equipment traffic during construction of the Project
by approximately 3,400 trips.
2. The modified plans will significantly reduce topographical disturbance on the Site by
reducing the export of excavated material off site by approximately 25,000 cubic yards,
thereby locating buildings closer to the existing grades on the Site.
3. The modified plans will decrease the height of the retaining walls at the back portion of
the property by approximately 6 feet on average.
4. The modified plans will enable Archstone to increase the parking ratio above the ratio of
1.8 spaces per unit approved in the Permit.
5. The revised grading plan will result in additional visibility of Buildings 4 and 5 for
abutters. The Board finds the abutter opposite Building 5, Joanne Metzger, has raised
concerns about the visual impact, therefore Archstone agreed to address these concerns in
a mutually acceptable manner as stipulated in Condition 48.
Modification to Permit: Thus modification to the permit does not alter any Conditions imposed
by the ZBA in its Comprehensive Permit and Decision dated April 17, 2003, except as to the
following Conditions set forth below:
The Project shall be constructed in substantial conformance with the plan submitted as part of the
Comprehensive Permit Application dated June 28, 2002, including the adjusted 204-Unit plan
entitled, "Preliminary Site Development Plans" dated November 22, 2002, prepared by Daylor
Consulting Group, Inc. Included in these items are:
➢ Revised Preliminary Site Layout Plan prepared by Daylor Consulting Group, Inc.,
dated October 15, 2003, as further revised November 20, 2003.
➢ Revised Preliminary Grading & Drainage Plan prepared by Daylor Consulting Group,
Inc., dated October 15, 2003, as further revised November 20, 2003.
The Project shall be limited to 204 apartment units. The breakout of building types, unit types
and other structures are shown in the tables from the Modification to Comprehensive Permit
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submitted to the Town Clerk on December 12, 2003. Without increasing the number of units, the
Applicant, at its discretion, may increase the number of one-bedroom units to an amount not
exceeding 102 apartment units, provided that the mix of affordable units reflects the unit mix of
the total Project.
Management shall be consistent with comparable multifamily developments.
The Applicant, at its discretion, may elect to provide additional area for parking under one or two
four (4) story buildings located in the Northwest quadrant of the site as shown on the "Site
Layout Plan" prepared by Daylor Consulting Group, Inc. dated October 15, 2003, as revised
November 20, 2003. The adjustment(s) to the four-story building(s) to provide for additional
parking area shall be allowed notwithstanding the height limitation set forth in Exception No. 2
to the Zoning By-Laws, as revised.
The Applicant shall consult with Joanne Metzger to mitigate additional visual impacts, relative to
the tree buffer, pertaining to the revised grading plan.
The Modification of the Comprehensive Permit shall be filed in the office of the Town Clerk and
recorded in the Middlesex Registry of Deeds.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to adjourn the meeting.
The motion was approved by a vote of 3-0-0.
Respectfully submitted,
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Maureen M. Knight
Recording Secre y
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