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HomeMy WebLinkAbout2011-07-07 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of July 7, 2011 Members Present: Jeffrey Perkins, Chairman Robert Redfern John Jarema John Miles Damase Caouette Members Absent: Kristin Cataldo dui, Ca( - -ECEVD TOWN CLER, READING, M, "S- 2011 SP 1 q P 12* 4 � 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 in attendance was Glen Redmond, Commissioner of Buildings. The Chairman opened the meeting with an announcement that the due to a resignation, the Board was seeking another member and mentioned that applications were available at the Town Clerk's Office or on the Town website. Case # 11 -10 A Public Hearing on the petition of Erik Kaloyanides who seeks a Special Permit under Section 6.3.8 of the zoning bylaws in order to demolish an existing dwelling located on a non- conforming lot and to construct a new single family dwelling on the property located at 105 Sanborn Lane in Reading, MA. Leonard Connaughton, the construction manager, spoke for the owner, Erik Kaloyanides, and presented his proposal to the Board to build a 3,000 square foot dwelling. He reviewed the building plans for the Board by showing plans he had brought with him as they had not been previously submitted. The Board asked that a copy of these plans be submitted to be included in the official records. There was a letter from abutters regarding the impact on their septic system and well water. Mr. Connaughton said he was not aware of any runoff problems. The Board had questions as to dimensions and grading and made some suggestions. Mr. Connaughton agreed they would be done. The plans were deemed a usual colonial design. Mr. Kaloyanides was reminded that this is a large lot but it is in the Aquifer Protection District. Mr. Connaughton said they would observe all regulations relating to the Aquifer Protection District. ZBA Meeting, July 7, 2011 1 M The Building Inspector said the existing shed is right on the property line and it should be 5' feet back. Mr. Connaughton said the shed is being removed and the height of the house will not be over 35.' Sydney Greenwood, 106 Sanborn Lane, had some questions about the garage and the driveway and mentioned this was a no -salt area. Ann Greenwood, 106 Sanborn Lane, had some questions about the garage and the driveway. On a motion by Damase Caouette, seconded by Robert Redfern, the Zoning Board of Appeals moved to grant the Applicant a Special Permit under Section 6.3.8. Lb of the zoning bylaws in order to permit the demolition of the existing non - conforming dwelling and o construct anew single family dwelling on a non - conforming lot on the property as shown on the referenced Plot Plan and architectural drawings with the following modifications: 1. The existing shed depicted on the referenced certified Plot Plan will be demolished. 2. The screened deck depicted on the architectural drawing will not be built and a new permit will be required should the deck be screened in the future. This Special permit shall be conditioned upon the following: 1. The Petitioners shall submit to the Building Inspector a Certified Plot Plan of the proposed construction and proposed foundation plans prior to the issuance of a foundation permit for the work. 2. The Petitioners final construction plans for the new structure shall be submitted prior to the issuance of a Building Permit. 3. As -built plans showing the completed construction of the new structure shall be submitted to the Building Inspector prior to the issuance of an Occupancy Permit. The vote was 5 -0 -0 (Perkins, Jarema, Caouette, Redfern, Miles). Case # 11 -11 A Public Hearing on the petition of Wade Willwerth who seeks a Special Permit under Section 6.3.2 & 6.3.3.2 of the zoning bylaws in order to add a 24' x 35' two -story addition with a two -car garage under plus a 3''d story addition 4.7' x 15' as per plans submitted on the property located at 26 Green Street in Reading, MA. Wade Willwerth presented his proposal to the Board as shown in the submitted plans. The Building Inspector said this is in a Business B zone with a present non - conforming two- family dwelling and there is also non - confirming use. Mr. Jarema thought Section 6.3.6 applied more in this case and there are actually two things going on with this proposal. The previous garage was removed years ago so this garage is a new structure and there is also the present non- conforming two - family. ZBA Meeting, July 7, 2011 2 The Board had a discussion about Business B and the zoning requirements for this area. They reviewed the plans with Mr. Willwerth who explained them in more detail for the Board. Mr. Willwerth said the deck was there when he bought the property 18 years ago but Mr. Jarema said this deck does not show up on the assessor's cards. Mr. Jarema also said there was no record of when this originally one - family home was converted to a two - family home. Mr. Jarema thought a variance needed to be requested for the garage and there was considerable discussion about this and the use. The structure was being expanded, not the use. Mr. Jarema questioned what the primary zone was and how this should comply with the Business B setbacks. Mr. Redfern suggested that perhaps Section 6.3.3.2 would be the appropriate regulation and the present dwelling is a legal non - conforming use and Mr. Willwerth is not increasing the non- conformity. On a motion by Robert Redfern, seconded by Damase Caouette, the Zoning Board of Appeals moved to grant the Applicant a Special Permit under Section 6.3.32 of the zoning bylaws in order to allow the building of two additions, the first being a second and third story addition on the east side of the dwelling, and the second addition a two -story addition with two -car garage under and storage above on the second story on the west side of the dwelling; all as depicted on the referenced Plot Plan dated May 4, 2011 and as shown on the referenced architectural drawings dated May 4, 2011, both submitted with the application. This permit is conditioned upon the following: 1. The space above the proposed two -car garage, in the second story, shall remain as storage space and shall contain no additional residential space or living area. 2. The Petitioner shall submit to the Building Inspector a certified Plot Plan of the proposed construction and proposed foundation plans prior to the issuance of a foundation permit for the work. 3. The Petitioner's final construction plans for the new addition shall be submitted to the Building Inspector along with the as -built foundation plans prior to the issuance of a Building Permit/ 4. As -built plans showing the completed construction shall be submitted to the Building Inspector immediately after the work is completed and prior to issuance of an Occupancy Permit. The vote was 4 -1 -0 (Perkins, Caouette, Redfern, Miles in favor; Jarema dissenting). Case # 11 -12 A Public Hearing on the petition of Ryan Kiley who seeks a Special Permit under Section 6.3.3 & 6.3.3.2 of the zoning bylaws in order to demolish an attached non - conforming garage and to construct a larger addition that is also non - conforming with a`proposed side yard setback of 7.4' on the property located at 326 Lowell Street in Reading, MA. ZBA Meeting, July 7, 2011 3 Attorney Shawn presented the proposal for the Applicant, Ryan Kiley. Glen Mitrano of Mitrano Construction was also in attendance. The dwelling is in the Aquifer Protection District and the current impervious area is 11.3% and will increase to 13.2% which is still below the 15% required. The Board asked questions about the garage but overall the Board felt this was a good choice for the neighborhood and the impervious cover was within what is allowed. On a motion by John Miles, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicant's request for a Special Permit under Section 6.3.8. Lb of the zoning bylaws in order to construct a new two -story addition as depicted on the referenced Plot Plan and the submitted architectural drawings. This Special Permit is conditioned upon the following: 1. The Petitioner shall submit to the Building Inspector a Certified Plot Plan of the proposed construction and proposed foundation plans, prior to the issuance of a foundation permit for the work. 2. The Petitioner's final construction plans for the new structure shall be submitted to the Building Inspector, along with the as -built foundation plan(s), prior to the issuance of a Building Permit. 3. As -built plans showing the completed construction shall be submitted to the Building Inspector immediately after the work is completed and prior to the issuance of an Occupancy Permit. The vote was 5 -0 -0 (Perkins, Jarema, Caouette, Redfern, Miles). Other Business Board Reorganization On a motion by Damase Caouette, seconded by John Jarema, the Zoning Board of Appeals moved to appoint Jeffrey Perkins the new Chairman of the Zoning Board of Appeals. The vote was 5 -0 -0. On a motion by Jeffrey Perkins, seconded by John Jarema, the Zoning Board of Appeals moved to appoint Robert Redfern the new Vice Chairman of the Zoning Board of Appeals. The Board also requested that Damase Caouette be moved to a full member of the Zoning Board of Appeals and that the present vacancy will be for an Associate Member. Mr. Caouette will apply through the Town Manager's office. ZBA Meeting, July 7, 2011 4 Minutes On a motion by Robert Redfern, seconded by Damase Caouette, the Zoning Board of Appeals moved to accept the minutes for May 19, 2011. The vote was 2 -0 -3 (Redfern, Caouette). On a motion by John Miles, seconded by Robert Redfern, the Zoning Board of Appeals moved to accept the minutes for June 2, 2011. The vote was 4 -0 -1 (Redfern, Caouette, Perkins, Miles). Adjournment On a motion by Damase Caouette, seconded by John Miles, the Zoning Board of Appeals moved to adjourn the meeting at 9:15 PM. The vote was 5 -0 -0 (Redfern, Caouette, Perkins, Miles, Jarema). espectfully Ma een M. Recording & ZBA Meeting, July 7, 2011 5