2011-11-03 Zoning Board of Appeals Minutes

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Members Present Members Absent: Town of Reading ZONING BOARD OF APPEALS Minutes of November 3, 2011 Jeffrey Perkins, Chairman John Jarema John Miles Robert Redfern Damase Caouette Kristin Cataldo OA RECEIVED TOWN CLERK READING. MASS. 1011 JAN 11 P h 33' 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 beginning at 7:00 P.M. Case # 11 -23 A Public Hearing on the petition of Joan Miller who seeks a Variance from Section(s) 4.8 and an appeal from a decision of the Building Inspector under Section(s) 4.8/7.4.2.1 of the zoning bylaws in order to install a handicap accessible ramp as per plot plans submitted on the property located at 1381 Main Street in Reading, MA. Joan Miller distributed a memo from the Architectural Access Board and presented the history of her previous preschool experience. She explained she purchased this house in order to convert the entire building into a school and explained the history of what has been happening since that time. She has had considerable problems by not being aware of what was required by the Town and the State. Ms. Miller did not present criteria for the Variance and did not have any comments for the first criteria. She said she could not understand why she even needed a Variance. Mr. Jarema explained to the Board there were three governing boards regulating this daycare center and how these three tiers were at odds with each other. He said regardless of all the issues the Board should just be concerning themselves with the reversal of the decision of the Building Inspector. He did not think it was a Variance situation. He said there may be other hearings required for this business but right now the subject is the handicap accessible ramp. Mr. Redfem said the lot coverage is already over the limit, even before the addition of the handicap ramp. But the handicap ramp is allowable and, by law, the handicap ramp does not have to abide by any zoning regulations. Mr. Redfern said the handicap ramp is something that had to be done as long as it was not extra wide or excessive and that handicap accessible ramps are not considered as dimensional controls as governed by Chapter 40a, Section 3, Paragraph 8 ZBA Meeting, November 3, 2011