2009-01-22 Zoning Board of Appeals Minutes

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~Cown~ CORK Town of Reading ZONING BOARD OF APPEA Minutes of January 22, 2009 Members Present: Paul Dustin John Jarema John Miles Clark Petschek Robert Redfern Jeffrey Perkins Members Absent: Peter Tedesco 11VED C E~0 -6,1 A rg: 52 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 P.M. Also attending was Ellen Doucette, Town Counsel. Case # 08-29 Continuation of a Public Hearing on the petition of Robert L. Zeraschi who seeks an appeal from a decision of the Building Inspector under Section(s) 7.4.2 of the Zoning By-laws in order to seek an exemption from site plan review in accordance with MGL Chapter 40A, Section 3, commonly referred'to as the "Dover Amendment" on the property located at Lots G & H Torre Street (10 Torre Street) in Reading, MA. Attorney Stephen Cicatelli said a site plan hearing is a special permit process. He said this special permit process is prohibited. He said the courts have rejected special permits for child- care facilities. He said even an abbreviated site plan review is prohibited. He thinks the building inspector is the deciding authority. Town Counsel Ellen Doucette said site plan review is from the local bylaws. She said in Reading, site plan review is a discretionary review process. She said the bylaw could be applied to the structure, parking, etc. as long as it does not prohibit the specific child-care use and is used in a limited capacity. Reading's bylaws do not allow the building inspector to determine these issues. Town Counsel said CPDC would just be reviewing the areas that were allowable. Town Counsel said the CPDC would be approving a plan. Attorney Cicatelli said the bylaw is too broad and needs to be redrafted. He said the site plan process is not allowable and it is up to the building inspector. He said they have already met with the DRT and they can advise the building inspector. Town Counsel said that CPDC should apply that section that they can apply. She suggested the Town revise this bylaw. She said this bylaw is not perfect but there are areas that can apply. ZBA Meeting, January 22, 2009