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HomeMy WebLinkAbout2000-10-19 Zoning Board of Appeals Minutesf TOWN OF READING L F R K ZONING BOARD OF APPEALS F F M A SfVUN ES OF OCTOBER 19, 2000 MEMB8 VAMN91 • 2191ICHAEL LARKIN, CHAIRMAN JOHN JAREMA SUSAN MILLER BERNARD O' SHAUGHNE S SY 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 PM. Building Inspector Glen Redmond was also in attendance Case #00-17 A continuance of a Public Hearing on the petition of H.B. Development Corporation who seeks a Comprehensive Permit under Section M.G.L. Chapter 40B in order to construct eight buildings containing a total of 32 condominium units on the property located at 443 Grove Street, Reading, MA Atty. David McBride requested a continuance on this hearing. On a motion by Susan Miller, seconded by Bernard O'Shaughnessy, the Zoning Board of Appeals voted to continue the hearing on H. B. Development Corporation for the property located at 443 Grove St., Reading, MA, until November 2, 2000. The motion was approved by a vote of 3-0-0. Case #00-29 A continuance of a Public Hearing on the petition of Gerald E. Welch, Inc. who seeks a variance/special permit under Section 5.1.1/5.1.2/5.2.8.2/6.3.2.1 of the Zoning By-laws in order to remove the existing building and construct three new buildings, each containing four residential units on the property located at 15 - 17 Pierce Street in Reading, MA. Atty. Brad Latham read a letter from Kevin Keating, 35 Pierce Street, supporting this project with three restrictions. 1. The residential units restrict the residents to people 55 years or older. 2. The project would be built according to the October 3, 2000 site plan, with the tree plantings and fencing. 3. The construction hours are restricted and no construction on Sundays. John Jarema stated he conferred with Town Council on whether it is permissible under Section 6.3.2.2 to demolish the existing industrial building and rebuild 3 residential buildings and Town Council said the more restricted use is permitted. On a motion by Susan Miller, seconded by John Jarema, the Zoning Board of Appeals voted to close the portion of the public hearing for taking public testimony. The motion was approved by a vote of 3-0-0. Zoning Board of Appeals Minutes of to/19/0o page 2 On a motion by John Jarema, seconded by Bernard O'Shaughnessy, the Zoning board of Appeals voted to grant Gerald E. Welch, Inc a variance for the property located at 15 - 17 Pierce Street in Reading, MA, with the following conditions: 1. The decision on Case #00-05, on February 3, 2000, is reaffirmed, and under Section 6.3.2.2, there is a more restricted use. 2. To grant to Gerald E. Welch under Sections 5.1.2/5.2.8.2, a variance for the three buildings with four units each as submitted on the plan dated May 3, 2000 and updated October 3, 2000, prepared by Benchmark Survey. 3. That all setback dimensions meet S 15 standards. 4. The residence is restricted to persons 55 or older and their spouses and dependent children. Temporary guests can not exceed a 14 day and night stay. 5. These variances are predicated on the petitioner returning to CPDC and special review. 6. Appropriate construction times are limited to 7:30 - 4:00 Monday through Friday, 9:00 - 2:30 on Saturday, and not on Sundays. An 8' chain link fence is installed in the front of the building during construction. The motion was approved by a vote of 3-0-0. Case #00-30 A Public Hearing on the petition of Eugene J. Patch who seeks a variance/special permit/finding under Section 4.4.5/5.1.1/5.1.1.2/4.4/4.4.4.2 of the MGL Chapter 40A, Section 6, in order to construct a single family dwelling on the property located at the corner of Governors Drive and Salem Street, Map 93/Lots 5,6,7 and 8, in Reading, MA. Michael Larkin swore in the applicants. Atty. Brad Latham represented the applicant. Atty. Latham stated this is a 10,130 sq. ft. property in a S 15 district. It has a 97' frontage and an 80' length. The property is in the flood overlay district. The project is still under review by CPDC and the Reading Board of Health. Mr. Patch has owned this property for 37 years. The Conservation Commission submitted a negative determination on this property. Atty. Latham submitted a Hud flood map showing this property is not on the 100 year flood plain and a study prepared by Hayes Engineering showing the level of the 100 year flood is below the lowest point of this development. The surface drainage is on the westerly side of the property. Drainage from the driveway will flow directly into the catch basin in the street. The petitioner is planning to raise the grade to prevent water pockets and allow a positive flow. The elevation is at 194 and would be increased to 196 - 1961/2, with 2 - 21/2' of fill around the building. The petitioner is requesting relief from zoning by-law section 4.4.5 to transfer earth in a flood plain district, excluding landscaping. Atty. Latham stated the lots uniqueness is the flood plain district and the hardship is, the lot is unusable if relief is not granted by the zoning board. Zoning Board of Appeals Minutes of 10/19/00 page 3 This is a 10,000 sq. ft. lot, purchased in 1963. It is in a S 15 district. The deed states lot 5678 has always been held in common ownership. There is a merged description and only one tax bill. Atty. Latham requested a 45 day continuance on this hearing. Michael Larkin requested the deeds to the surrounding properties to prove they were not held in common ownership. Building Inspector Glen Redmond requested a more elaborate grading plan. Andrew Lupian, 6 Bay State Road, stated his property borders this property and water collects at the property line. This lot is not suitable for building and will not drain as the petitioner stated. He also stated this project is a detriment to the neighborhood. It is near Town property and should not be altered. On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals voted to continue the public hearing for Eugene J. Patch on the property located at the corner of Governors Drive and Salem Street, Map 93/Lots 5,6,7 and 8, in Reading, MA, until December 7, 2000. The motion was approved by a vote of 3-0-0. Case #00-31 A Public Hearing on the petition of Angelo Salamone who seeks a comprehensive permit under Massachusetts General Laws, Chapter 40B in order construct ten (10) units of housing with an affordable component as required under the New England fund, administered by Stoneham Savings Bank, a member of the Federal Home Loan Bank of Boston. The proposed housing is for the property located at 45 Beacon Street (Map 123, Plot 200) in Reading, MA. Chairman Michael Larkin swore in the applicants. Chairman Larkin stated there was a determination on this property in 1995, by the Zoning Board of Appeals, Case #95-16, with the condition that only one single family house be constructed on this location. Atty. Steven Cicatelli stated the petitioner has the right to override the existing zoning conditions. The petitioner is seeking a Comprehensive Permit under Massachusetts General Laws, Chapter 40B, to construct affordable housing. Reading currently has 4.63% low income housing. The profit under Chapter 40B is limited to 20%. This property is 59,745 sq. ft. and currently has a single family house. The applicant is proposing 10 Townhouse condominiums, with 23 parking spaces. Under this proposal there would be 13.9% paved area, 78.5% open space and 7.6% buildings. The petitioner owns this property and submitted a copy of the deed. He also submitted a site approval letter from the Stoneham Savings Bank. Three units would be moderate income housing. The unit density is under 8 units per acre. The drainage rate and flow will not be increased and will meet CPDC guidelines. The petitioner is requesting zoning relief from the front setback. There are no additional roads or accesses on the proposal. Zoning Board of Appeals Minutes of 10/19/00 page 4 Michael Larkin requested Town Planner Anne Krieg review this project and attends the next hearing. John Jarema requested three items for the next hearing: 1. A representative from the lending institute attends. 2. He objects to the 5' setback proposals on the free standing units and would like to see a clustering alternative plan. 3. A topographical study that addresses the steep incline. This is a safety issue for the fire and police departments. Selectwoman Sally Hoyt stated Reading has 375 units of affordable housing. This is more than the surrounding communities. The topography of this site is very steep and flooding is a concern. She also stated there are many children in this neighborhood and this is not an appropriate site for affordable housing. Many of the notified abutters attended the hearing. and stated concerns with the density, setbacks, and additional traffic of this project. Robert Dimke, 8 Bethesda Lane, Reading, MA asked if the condominiums would we owner occupied or rented. Tricia DiNatalli, 48 Chestnut Grove, Reading, MA asked whether the 2 units located at 48 Beacon Street were part of the 10 units. Atty. Cicatelli stated they were. Mike DeBrigard stated there is already a problem with drainage onto Main Street from this location and this project will increase it. On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals voted to continue the public hearing Angelo Salamone for the property located at 45 Beacon Street (Map 123, Plot 200) in Reading, MA, until November 2, 2000. The motion was approved by a vote of 3-0-0. The Zoning Board of Appeals unanimously voted to adjourn their meeting at 9:55 p.m. Respectfully submitted, Joy Mohr Recording Secretary