HomeMy WebLinkAbout2003-10-02 Zoning Board of Appeals MinutesVE7 (l
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ZONING BOARD OF APPEALS MM Q- S.
Minutes of October 2, 2003
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Members present: John Jarema
Robert Redfern
Mark Gillis
Susan Miller
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 John
Gannon, Town Counsel.
Case # 00-10
Continuation 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 read memos received from Town Planner Chris Reilly and Town Engineer Joe
Delaney. The Town Planner's memo, dated October 2, 2003, stated the turning radius at Curtis
Street was not sufficient; the jog in Curtis Street as proposed does not meet Town standards for
proper geometric design and safe traverse; and based on consultations with Town staff, Counsel,
Boards and Commissions, Board of Selectmen approval is needed for the proposed use of the
Curtis Street right of way for sufficient two-way access to the site. The Town Engineer's memo,
dated October 2, 2003, stated that the plan shows the turning radius for a ladder truck plotted
over the original plan, it is not clear what modifications are being made and the edges of the
pavement need to be clearly labeled; the jog in the road does not meet any of the Town's
roadway design standards; approval is needed from the Board of Selectmen as Road
Commissioners; and all vehicles larger than a passenger vehicle would cross over the centerline
of the roadway when entering the site.
Attorney Ciccatelli said the Town Planner reached a conclusion not based on the information that
was submitted and a ladder truck can make the turnaround. He questioned why they were just
hearing from the Town Planner and the Town Engineer. He was concerned with the politics
involved and questioned who Town Counsel was representing. He wanted Town Counsel to
explain why they have to go before the BOS and said it is politics if they have to do so. He
questioned how Town Counsel could be representing the Zoning Board if he is also representing
the BOS.
Town Counsel John Gannon said he has not been dictated to, the BOS are the prime authority
regarding any altering of public ways and he had no problem representing the Zoning Board and
- has gone by the State regulations.
The Chairman said no one on the Board now was involved with the previous decision and even
though this case is contingent upon the courts the Board is trying to make an accurate assessment
using the state and town bylaws which is why they asked the opinion of Town Counsel. The
problem is access to the site on Curtis Street. The Board will not feel comfortable making a
decision until the Selectmen render a decision as to whether the property can be accessed via
Curtis Street.
Attorney Ciccatelli questioned why the BOS would grant approval if the Board has not rendered
a decision that this settlement is agreeable and it would be premature to go before the BOS.
The Board discussed other issues involved in the project such as sidewalks, storm drains, water
systems, sanitary systems. The paramount concern was access because if the access was denied
the other issues would be irrelevant so the Board wanted the BOS's approval. They wanted
additional information submitted regarding the turning radius and passage for vehicles and more
import from. the Town boards and experts.
Attorney Ciccatelli said he wanted another DRT meeting with the Town Manager, Town Planner
and Town Engineer present so he would know what their concerns are. He said if the Board is
going to defer to these people he wants to know what they want provided.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to continue the hearing to November 6, 2003.
The motion was approved by a vote of 3-0-0.
Minutes
On a motion by Robert Redfern, seconded by John Jarema, the minutes of May 29, 2003 were
approved with changes.
The motion was approved by a vote of 3-0-0.
On a motion by Robert Redfern, seconded by Susan Miller, the minutes of June 5, 2003 were
approved.
The motion was approved by a vote of 3-0-0.
On a motion by Robert Redfern, seconded by John Jarema, the executive minutes of June 5,
2003 were approved with changes.
The motion was approved by a vote of 3-0-0.
2
On a motion by Susan Miller, seconded by Robert Redfern, the minutes of June 19, 2003 were
approved with changes.
The motion was approved by a vote of 3-0-0.
On a motion by Robert Redfern, seconded by Susan Miller, the minutes of July 10, 2003 were
approved with changes.
The motion was approved by a vote of 3-0-0.
On a motion by Robert Redfern, seconded by Susan Miller, the minutes of July 17, 2003 were
approved with changes.
The motion was approved by a vote of 3-0-0.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to adjourn.
The motion was approved by a vote of 3-0-0.
Respectfully
Maureen M.
Recording Se