HomeMy WebLinkAbout2003-03-20 Zoning Board of Appeals Minutes~
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Town of Reading 1 D
ZONING BOARD OF APPEALS . S
Minutes of March 20, 2003
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Members present: John Jarema
Edmund Balboni
Susan Miller
Robert Redfern
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
the Town Planner, Chris Reilly; Town Counsel, Joan Langsam; Conservation
Administrator, Fran Fink; and Consultant, Anne Reitmayer.
Case # 02-05
Continuance of a Public Hearing on a request for a Comprehensive Permit to construct
250 condominiums called Johnson Woods on the property located at 468 West Street.
The Chairman said that the Board should review two things: the adjusted proforma and
the report issued by Anne Reitmayer. He also wanted to review the initial draft on the
conditions with input from the other town agencies.
Brad Latham stated that he had applied for waivers last week. The Town Planner said that
this information was circulated tonight to the Members.
Anne Reitmayer read from her report. Her concerns were the acquisition price and the
market price for the units. There is the issue of how much of the land is included in the
proforma for purposes of the acquisition price. She said based on the information she had
to conclude that perhaps the market value of $245,00 is on the low side and it might be in
the vicinity of $259,000 or perhaps higher. She stated she did not feel qualified to give a
precise opinion as to what the market value should be.
Ted Moore said they had relabeled some things and the total for hired costs has changed.
He said the actual difference between the two proformas is $60,000.
Brad Latham said some of these issues can not be narrowed down precisely and there is a
cap of 20% of what the developer can retain with the excess going to the town. He said
the monitoring agency knows what to look for and will monitor this properly.
Edmund Balboni said he thought it would be a good idea to obtain a professional
appraisal. He stated he believes the sales values are higher than what has been talked
about and that the profit will exceed 20%.
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Town Counsel said the town is not limited if the proforma might show a higher profit.
There is no prohibition to approve it. The purpose of the proforma is to see if it is
feasible. If conditions are imposed that might make a project uneconomic, that is where
the proforma comes in. The Applicant would have to prove that they could not develop it
or market it with the conditions that were imposed. The Chairman said the Board could
require additional conditions if the amount of profit went over 20%.
The Chairman stated that either the town wants the project or it doesn't and is it
appropriate to stall this project for a period of time while we get an appraisal that is
agreeable to everyone. The working sessions have reduced the amount of units and
increased the acreage. There is a variety of styles and a compete change of the landscape.
Most members of the Board did not feel another appraisal was necessary and felt the
town would receive any profit in excess of 20%.
Ted Moore said the last eight months of the project are when the profits develop so it
would be hard to project. He also stated that the town needs affordable housing and will
be getting 63 units of affordable housing which is a great benefit to the town.
Brad Latham said that he expected to have the public hearing closed tonight, finalize the
conditions in another working session, and then return to the Board for a vote.
The Chairman stated that if they review the conditions and then close the public hearing
tonight the Board has 40 days to review these before the final draft comes before the
Board. The conditions were then reviewed by the Board members and the applicants.
Edmund Balboni asked that his letter of February 26, 2003 to the Board be included.
The Chairman asked for reduced renderings of the sketches of the buildings. Also that
there be a modification that says if the Applicant decided to sell the project it needs to
come back before the Board.
Ted Moore said they removed a barrel of fuel oil and had slightly elevated levels of
arsenic from fertilizer but otherwise the land had a clean bill of health.
Chris Reilly said he will act as a clearing house and will make sure that all town staff
have signed off where required.
Fran Fink said she would like to see that the final site plans show the wetland boundaries.
Joan Langsam said that in condition number seven it should say the building permit shall
be contingent on the submittal of the final draft of the regulatory agreement.
Fran Fink suggested that there be a phasing sequencing plan because it will make
everyone think ahead of time so there would not be any major problems such as those at
another 40B project in the town.
Chris Reilly said CHAPA should be designated as the monitoring agency.
Fran Fink said if Enos Circle Extension becomes a public way the responsibility for the
drainage system has to be discussed.
Joan Langsam said that in condition number twenty-eight it is not defined as to
immediate relatives and Brad Latham asked if it could be parents, children and siblings.
Joan Langsam asked Chris Reilly to speak to Lynn White at the housing authority and see
if they want to monitor the housing lottery.
Fran Fink said she just got the conditions and waiver request this evening and did not
have time to go over them. She also thought there should be a set number of stacked
spaces with no stacked visitor parking spaces.
Brad Latham said that this is a conceptual plan and he knows they have to conform with
the state statues but it is impossible to pin point everything.
John Jarema stated that he also agreed with the Applicant to reduce the size of the
retaining walls.
Fran Fink said she did not see anything about setbacks and it is the waiver from the local
wetlands by-laws and regulations that she has a problem with.
Ted Moore said they are asking for a waiver from all the areas except what Fran has
addressed as her primary concerns. He also said the site has 20-30 year old trees with
uniform heights and they want to save as many as they can.
The Chairman suggested they close the matter to public hearing and have the waivers
looked at by the town staff during another working session. He said if they closed the
session to the public then no additional information will be accepted with the alternative
being a continuation to another date.
Brad Latham said he believed they were all set and can finish up in the working session
and stated that if the Board needed another 10 days beyond the 40 it could be granted.
On a motion by Edmund Balboni, seconded by Susan Miller, the Zoning Board of
Appeals voted to close the public portion of the hearing.
The motion was approved by a vote of 3-0-0.
On a motion by Robert Redfern, seconded by Edmund Balboni, the Zoning Board of
Appeals voted to continue the hearing to April 10, 2003.
The motion was approved by a vote of 3-0-0.
On a motion by Susan Miller, seconded by Edmund Balboni, the Zoning Board of
Appeals vote to adjourn the meeting.
The motion was approved by a vote of 3-0-0.
Respectfully submitted,
Maureen M. Knight 1
Recording Secretary U
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