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HomeMy WebLinkAbout2000-04-06 Zoning Board of Appeals MinutesTOWN OF READING ZONING BOARD OF APPEALS' MINUTES OF APRIL 6, 2000a € 3 3 3" 2 MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN JOHN COOTE MICHAEL LARKIN BERNARD O'SHAUGHNESSY 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 PM. Building Inspector Glen Redmond was also present. Case #00-09 John P. Hurley and Patricia G. Hurley, 17 Beech Street, Lot 26, Map 67, Reading Massachusetts requested a withdrawal on their petition for a special permit. On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals voted to grant a withdrawal to John P. Hurley and Patricia G. Hurley, under Section 6.3.1.3 of the Zoning By-Laws for their property at 17 Beech Street, Lot 26, Map 67, Reading, MA The withdrawal was accepted by a vote of 3-0-0. Case #00-10 A Public Hearing on the petition of James T. Lynch, Trustee of L.A.B. Realty Trust who seeks a Comprehensive Permit pursuant to M.G.L. Chapter 40B of the Zoning By-Laws in order to construct 10 Townhouse Units on the property located at 23 George Street in Reading, Massachusetts. Christopher Vaccaro swore in the applicants and stated the petitioner had previously agreed to a 30 day extension. Atty. Stephen Cicatelli, Cicatelli & Cicatelli, 266 Main St., Stoneham, MA, represented the petitioner. The applicant is requesting a Comprehensive Permit under Chapter 40B. 25% of the townhouse units must be low income housing. The profit on this project is limited to 20%. This is a modified plan reducing the original 17 units to 10 units, including additional parking, and relocating the building as far as possible from Rt. 128. The Reading Board of Selectmen did not support this project. The owner submitted the deed and has funding from the Medford Co-operative Bank. Atty. Cicatelli stated Reading has 4.63% affordable housing, not the State's requested 10%. Atty. Cicatelli stated eight issues regarding this project have been raised. 1. Adequacy of access for emergency apparatus. -Paul Finocchio, P.L.S., stated the access to the Townhouses is a 20' paved area. Fire Chief Wood has approved the access. Zoning Board of Appeals Minutes of 4/6/00 page 2 2. Noise - An 8' stockade fence will be installed. The fence will be a sound barrier. According to a study by Peter H. Guldberg, the townhouse buildings will reduce the noise from Rt.128 by 10 to 15 decibels. 3. Drainage - This is not feasible to pursue before the project is approved. It will be built according to DEP regulations and will drain to Rt. 128. 4. Refuse - There will be a dumpster on site, paid for by the condominium owners. 5. Water - The water pressure has been tested and water booster pumps will be installed. 6. Traffic - A traffic study performed by Douglas Prentiss shows a negligible increase in traffic for the 10 units. One car every 7 to 8 minutes. 7. Density - There are 6.49 units per acre. This is below the density of other Chapter 40B projects, but not below the density of the existing neighborhood. 8. Pedestrian Access - There is an access easement on Lot 3, giving the pedestrians legal access. The applicant also has a purchase and sale agreement on Lot 3 Peter Sandorse, AIA, described the units as 11/2 stories, with dormers and tucked in garages. The first floor has a living room, dining room, and an open kitchen. There is a guest room and a bedroom on the second floor. The total living space per unit is 1,400 sq. ft. There will be parking in front of the units. Several abutters spoke against this project. Atty. Mark Delaney, 15 George St., stated the applicant's financial statement shows a 23% profit. He also stated there are currently 13 houses on George St. and an additional 29 parking spaces would be a significant increase in traffic. Atty. John Lamond attended the hearing at the request of some of the abutters. He questioned the ownership of Lot 3. He submitted a purchase and sale agreement dated August 1999 between his client and Charles Bowman. Deborah Capobianco, 20 George St., read a memo from a Fire Department representative stating he has concerns with the amount of room for turn around. Christopher Vaccaro swore in Anne Krieg, Town Planner. Anne Krieg stated the Selectmen made every effort to work with this applicant. She stated the Selectmen's concerns were density, pedestrian access, and the 20' access road doesn't leave room for grading. Selectman George Hines stated no town in this area has 10% affordable housing. Christopher Vaccaro read a letter dated April 13, 1999, from Chief Donald L. Wood of the Reading Fire Department, stating he would have no problem with the 20' wide access road as long as ample turn around space is provided. Christopher Vaccaro was concerned with the overburdening of the easement. He questioned the setbacks and the appropriateness of this project for the neighborhood. He also stated the applicant has not procured the site. John Coote stated this site would produce less visibility. Bernard O'Shaughnessy stated site control is imperative. On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals voted to close the public hearing. The motion was approved by a vote of 3-0-0. Zoning Board of Appeals Minutes of 4/6/00 page 3 On a motion by Michael Larkin, seconded by John Coote, the Zoning Board of Appeals voted to grant to James T. Lynch, Trustee of L.A.B. Realty Trust, a Comprehensive Permit to construct 10 Townhouse Units pursuant to M.G.L. Chapter 40B with modifications: 1. Three units be designated in perpetuity as affordable housing by deed. 2. The units be identical to the market rate units as to the exterior. 3. The Town Engineer review and approve the drainage. 4. The hours of construction shall not take place except for 7:00 AM to 5:00 PM weekdays, 9:00 AM to 5:00 PM on Saturday, and nothing on Sunday or Holidays. Heavy equipment only between 8:00 AM and 5:00 PM weekdays, Saturday 9:00 AM - 12:00 PM. The motion was approved by a vote of 2-1-0. On a motion by Bernard O'Shaughnessy, seconded by Susan Miller, the Zoning Board of Appeals voted to approve the minutes of February 17, 2000 by a vote of 3-0-0. The Zoning Board of Appeals unanimously voted to adjourn their meeting at 10:45 PM. Respectfully submitted, Joy Mohr Recording Secretary