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HomeMy WebLinkAbout2000-08-03 Zoning Board of Appeals MinutesL1a TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF AUGUST 3, 2000 MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN MICHAEL LARKIN JOHN JAREMA SUSAN MILLER BERNARD O'SHAUGHNESSY 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 and Selectman Sally Hoyt were also in attendance. Case #00-19 Continuance of a Public Hearing on the petition of Barrett Realty (Dave Barrett) who seeks a special permit and/or a variance under Section 6.3/6.3.1.2/6.3.1.3/6.3.3.4 of the Zoning By-Laws in order to construct a new single family dwelling on the non- conforming property located at 25 Auburn Street, Reading, MA Kevin Cunniff, Barrett Realty, stated this 9,520 sq. ft. lot was created in 1918 and predates the zoning by-laws. He submitted the assessors cards from the abutting lots to show that this lot was not owned in unison with the abutting lots. Virginia Adams, Historical Society, stated this house is a non-conforming structure. She asked how can a non-conforming structure be torn down. Ms. Adams also stated this house is under a demolition delay with the historical society and the applicant must wait six months for the delay to expire. Kevin Cunniff stated the delay expires September 19, 2000. Christopher Vaccaro stated he is not aware of any zoning by-law that prohibits the tearing down of a building. On a motion by Susan Miller seconded by Bernard O'Shaughnessy the zoning board of appeals voted to overturn the decision of the building inspector denying the building permit for Barrett Realty, 25 Auburn Street, Reading MA and to instruct the building inspector to issue a building permit to construct a new single family dwelling as long as all the zoning by-laws and dimensional and set back requirements except for lot size and frontage are met. The motion was approved by a vote of 3-0-0. Christopher Vaccaro stated this decision does not supercede the historical society's. Zoning Board of Appeals Minutes of 813/00 page 2 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 Christopher Vaccaro swore in the applicants. Atty. David McBride, 19 cherry St., Danvers, MA represented the applicant David Barrett. Atty. McBride stated they are requesting a Comprehensive Permit to provide low and moderate income housing. He presented a preliminary plan at the June 15, 2000 hearing for 32 townhouses. At that time the concern of the Zoning Board was the density. The new plan is reduced to 19 individually standing houses, not townhouses. The density is 7.9 units per acre. There are 2 parking spaces per unit for a total of 38 parking spaces. They have a project agreement with the Reading Co-op Bank and a site approval letter. The profit is limited to 20%, if this is exceeded the additional profit goes to the Town. There will be 5 units sold to low income families. Atty. McBride submitted a drainage study prepared by Hayes Engineering and an impact study on the aquifer district. The issue of the gravel rights has been eliminated by going around that area. They also intend to purchase the gravel rights from the town. All the requested financial information was submitted. Atty. McBride stated Reading has less than 10% affordable housing and therefor the zoning by-laws do not apply. Bernard O' Shaughnessy stated the affordable units are being sold at $166,000 - $170,000. He suggested that units must be sold at $100,000 under LIP. Christopher Vaccaro would like an independent audit performed on the submitted figures. He asked if the project is uneconomical if there are less than 19 units? Christopher Vaccaro stated the return of profit is 17% on this project. He also stated the Conservation Commission has submitted a letter and there are Board of Health issues with the water. John Jarema requested testimony from the other Reading Boards be heard at their next meeting. Atty. McBride stated the buyers salary cannot exceed 80% of the median income. He also stated this project is at the breaking point, they can not reduce it any further. He believes the financial information submitted is adequate and is not prepared to give any further financial information. A representative from the Reading Co-op Bank stated the profit margin should be around 25%, if it was dropped to 10% it might not be feasible. Town Engineer Joe Delaney submitted a report. He stated the nearest Town well is 425' away. They have incorporated good drainage, but do no comply with the DEP storm water guidelines. The impervious area is 38/2%. The second lot, Lot A - the gravel area, is being subdivided. The applicant needs to coordinate with the gas company, because there is a gas easement on the property. Zoning Board of Appeals Nlinutes of 8/3/00 page 3 The engineer for this project, William Bergeron, Hayes Engineering, stated there are 30 dry wells installed for the ground water runoff. He predicts a 0% runoff offsite. He stated the Town composting is more detrimental to the water supply. Mr. Bergeron also stated the reduction of the units has reduced the traffic 32%. Town Planner Anne Krieg stated the aquifer protection area is still the major concern with CPDC. The impervious area hasn't changed even though the units were reduced. Chairman of Water and Sewer Advisory Committee Gail Wood is concerned with the location of this project so close to the Towns primary source aquifer. She stated the best water filter is impervious area. The Advisory Committee will submit a written report. Many of the residents with abutting properties attended the hearing. They were in support of the original plan of 5 single family houses. They questioned why that subdivision was rejected by CPDC. Atty. Mark Favaloro stated the Zoning Board absolutely has the right to request financial records. Dave Barrett stated he was familiar and comfortable with the 5 lot subdivision. They had ironed out most of the issues, except for the issue with CPDC. After he spent $50,000 on that project the only route left was to go for the comprehensive permit. He has cooperated completely and has reduced the density. The Zoning Board requested a letter and a representative from the Water & Sewer Advisory Committee, Board of Health, CPDC, Conservation Commission, and Fire and Police Departments regarding this project. On a motion by Susan Miller, seconded by Michael Larkin, the Zoning board of Appeals voted to continue the Public Hearing on the petition of H.B. Development Corporation on the property located at 443 Grove Street, Reading, MA, until September 7, 2000. The motion was approved by a vote of 3-0-0. The Zoning Board of Appeals unanimously voted to adjourn their meeting at 11:00 PM. Respectfully submitted, oy Mohr Recording Secretary