Council approves special permit for demolition and reconstruction of three-family at 12 Chandler Road with 15 conditions

The Reuben City Council on July 15 granted a special permit to Commonwealth Investment Properties, LLC to demolish an existing three-family dwelling at 12 Chandler Road and replace it with a new three-family structure that the applicant said will be sold as condominiums.

The permit was approved after the council adopted a finding that the proposed use is “consistent with the past use of the property” and “not substantially more detrimental than the existing nonconforming use to the neighborhood.” Councilors voted to grant the special permit subject to 15 conditions discussed at the public hearing.

The conditions (as presented on the record) include reliance on the plan of record dated June 24, 2025; a requirement that the petitioner meet with owners at 3 Richmond Park and 47 Warren Ave before filing a building permit to review the construction schedule; a three-unit limit; shielded exterior illumination; maintenance of roadways and sidewalks free of construction debris; construction hours limited to 7 a.m.–6 p.m. Monday–Friday and 8 a.m.–5 p.m. on Saturdays with no Sunday or state/federal holiday work; pest control during construction; removal of a large tree at the common property line with 47 Warren Ave; planting of a Cleveland Select ornamental pear tree in the northeast corner of the lot; installation of planters in front of each unit; installation of a six-foot solid fence along the rear boundary and a portion of the common boundary with a required setback of no less than 13.7 feet; a vertical row of pavers to mark adjacent driveways; pavement restoration (100 feet curb-to-curb) where utilities are installed; a temporary parking accommodation permitting residents of 3 Richmond Park to park up to four vehicles at 1 Richmond Park during a declared city snow emergency while the shared driveway is reconstructed; and a requirement that a construction plan be filed with Commissioner Quinn (including a temporary construction barrier fence between abutters).

Councilors debated and amended several details during the hearing. Councilor Campbell and the petitioner’s attorney identified exact tree and planter types and agreed on placement; councilors asked to change “13.7 feet plus or minus” to a firm minimum of “no less than 13.7 feet.” Councilors also discussed and ultimately added language requiring the pear tree and certain landscaping features to be maintained “in perpetuity.” Several councilors cautioned that the council cannot legally mandate the future form of property ownership (for example, forcing condominium conversion), so the record notes the petitioner’s stated intent that the units be condominium ownership but the council did not impose a ownership-type requirement as a condition.

Attorney Joseph Tabby, representing the petitioner, described the proposed plan and the conditions agreed with councilors and neighbors; councilors asked clarifying questions about maintenance, longevity of landscaping commitments, construction oversight and the proposed temporary parking arrangement. No members of the public spoke during the hearing. The council closed the public hearing and approved the special permit subject to the amended 15 conditions.