Zoning Board of Appeals - Sep 2nd, 2021
Meeting held via remote participation. Materials were available from https://arlington.novusagenda.com/agendapublic/DisplayAgendaPDF.ashx?MeetingID=1401.
Comprehensive Permit - 1165R Mass Ave
This is the board's second night of deliberations on the decision for 1165R Mass Ave. We'll start with a review of changes made through section F, and then move on to the rest of the document.
Christian Klein suggests changes to paragraph 7, to describe Mill Brook and Ryder Brook.
Paragraph 10 lists the various consultants that worked with the applicant. We'll add Kyle Zick Landscaping, the utility consultant, and Daniel St. Clair of Spaulding and Slye to the list.
Paragraph 16 notes a condominium complex at 9 Ryder street. The board adds language to mention the residents on the other side of Ryder Street.
Paragraph 22 uses the term "AURA" without defining it. We'll change the language to "adjacent upland resource area (AURA)" so the meaning is clear.
There are minor changes to paragraphs 24--26, mostly oxford commas.
Paragraph 32 is a placeholder for language to describe the utility pole in the Mass Ave right of way. The board finalizes language for this section.
Paragraph 33 is a placeholder for a description of the site's proximity to the minuteman bikeway. The board finalizes language for this section.
There's discussion about bicycle parking and the type of stacked racks the applicant intends to use. The board will require the upper levels to have some form of mechanical assist.
The board makes a small change to paragraph C.1(d), regarding native cultivars.
Paragraph D.2(b) talks about the property management plan. Instead of requiring evidence of the plan, the board will require submission of the actual plan.
Paragraph F.4(c) requires the owners to provide a way for abutters to report traffic violations. The board re-words this for clarity.
The board adds a requirement for a transportation demand management plan, as paragraph F.14.
The board changes "should" to "shall" in sections H.3 and H.3.
In paragraph H.6, "request" becomes "obtain".
Paragraph H.9 contains conditions regarding the utility pole in the Mass Ave right of way. After a lengthy discussion, the board imposes a condition that Mass Ave can't be used as an ingress route until the utility pole is moved. It takes a lot of wordsmithing to get this right. If the pole proves impossible to move, the board believes the applicants can come back with a request to amend the conditions.
Paragraph I.4 contains requirements for environmental monitoring. Again, there's a lot of discussion about how to word this requirement. The board would like regular environmental monitoring and reporting, but we want to be clear that it's not a requirement to have a monitor on site 24 hours a day for the duration of construction.
Paragraph I.13 contains a prohibition on native cultivars. Mr. Hanlon believes that the planting plan -- which the conservation commission approved -- makes some use of them. He wants to make sure the applicants are able to carry out the plan that the conservation commission agreed to.
The section on waivers is generally straightforward. The board sets a $30,000 bonding requirement for the relocation of Ryder Brook.
The board approves the comprehensive permit (with conditions), by a vote of 5--0.
Upcoming Dates
Upcoming dates for the board are:
- Sep 9th. Thorndike Place
- Sep 14th. Three hearings
- Sep 28th. Thorndike Place
- Oct 8th. Close of the public hearing for Thorndike Place.
- Oct 12th. Five hearings.
- Oct 26th. Two or three hearings