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HomeMy WebLinkAbout2011-11-03 Zoning Board of Appeals MinutesMembers 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 of the MGL. Mr. Redfern also asked if this was something that should have come before the Board for use but he was told not for a preschool. Ms. Cataldo thought it was confusing and that it seems to be a lot coverage issue but it is something that is necessary and something that has to be done. Christine Lofk spoke in favor of the proposal. The Building Inspector gave a memo to the Board in his absence that gave his opinion and his approval of this petition. After the Board voted, Ms. Miller requested that her request for a Variance for the handicap ramp be withdrawn. On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals moved to overturn the decision of the Building Inspector. The vote was 5 -0 -0 (Perkins, Caouette, Redfern, Miles, Jarema). On a motion by John Jarema, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to accept the request for the withdrawal of the Variance. The vote was 5 -0 -0 (Perkins, Caouette, Redfern, Miles, Jarema). Case # 11 -24 A Public Hearing on the petition of North Star Homes who seeks a Special Permit under Section(s) 6.3.8 of the zoning bylaws in order to demolish an existing single family dwelling and to construct a new single family dwelling on a non - conforming lot on the property located at 263 Franklin Street in Reading, MA. Jack Sullivan, engineer on the project, presented the proposal on behalf the owner, Bill Johnson. The home there now was built in 1930 and the lot size is similar to other properties in the area. They will be close to the existing footprint of 1,008 square feet with the new home 1,073 square feet. There will be some slight shifting of the footprint to accommodate the proposed design. A drainage recharge will be part of the plan. It will meet all the setback requirements. Bill Johnson of North Star Homes said if a Special Permit is allowed he would like to add a farmer's porch on the front of the house. Upon hearing the porch would bring it over the allowable lot coverage he removed the request for the farmer's porch. The Board asked some questions that were answered by Mr. Johnson. Due to the slope there was some concern that the house might appear excessively taller than other homes in the area. The Building Inspector said in his memo that he supported this proposal. There were also questions about where the discharge system would be put and Mr. Sullivan said it would be put in the front yard due to the rear slope. ZBA Meeting, November 3, 2011 David Vivilcchia of 271 Franklin Street had concerns about the water coming into his property and wants to see the design and plan for the recharge system as well as the height of the house. Mr. Sullivan and Mr. Johnson responded. Fred Van Magnus of 243 Franklin Street had concerns about the landscaping of the driveway and that it was not blocked by shrubbery. Mark Bouyer ofl9 Emerson Street voiced his approval of the project. The Building Inspector said via his memo that he supports this application. On a motion by Damase Caouette, seconded by John Jarema, 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 single - family dwelling and to construct a new single - family dwelling on the property as shown on the referenced Plot Plan of Land. 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, Caouette, Redfem, Miles, Jarema). Case # 11 -25 A Public Hearing on the petition of Ed & Angela McColgan who seek a Variance under Section(s) 5.0 of the zoning bylaws in order to add a mudroom 4.1' x 12.7' as per plans submitted on the property located at 78 Whittier Road in Reading, MA. The mudroom encroaches into the side yard setback of 15.0 ". Ed McColgan presented his proposal to the Board. They need the additional space for the mudroom for the use of their children when entering and exiting the dwelling. Mr. & Mrs. McColgan presented what they thought were the four criteria necessary to obtain the Variance. The Board members agreed the shape of the lot is triangular and unique for the neighborhood and does not present many ways in which to add on to the house. The neighborhood is mainly ZBA Meeting, November 3, 2011 small ranches on small lots. There are four means of egress, one side, two rear and one front entrance. Mr. Jarema wondered if there was any other place in which to put the mudroom. They are not derogating from the intent of the bylaw and the proposed mudroom is a modest addition. There was a supporting letter submitted by Joanna Anderson who is a neighbor and is in favor of the proposal. The Building Inspector said in his memo he was in favor of the proposal. On a motion by John Miles, seconded by Damase Caouette, the Zoning Board of Appeals moved to grant the Applicant a Variance from Section 5.1.2 of the Zoning Bylaws in order to construct a mudroom to the existing single- family dwelling on the property as depicted on the Certified Plot Plan and architectural renderings. This Variance is conditioned upon the following: 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. 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 4 -1 -0 (Perkins, Caouette, Redfern, and Miles approved, Jarema opposed). Adjournment On a motion by Kristin Cataldo, seconded by John Miles, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 6 -0 -0 (Perkins, Caouette, Redfern, Miles, Jarema, Cataldo). Respectfully Amreen M. Recording Sc ZBA Meeting, November 3, 2011 4