HomeMy WebLinkAbout2011-12-01 Zoning Board of Appeals MinutesMembers Present:
Members Absent:
Town of Reading
ZONING BOARD OF APPEALS
Minutes of December 1, 2011
Jeffrey Perkins, Chairman
John Jarema
John Miles
Robert Redfern
Damase Caouette
Kristin Cataldo
'RECEIVED -
TOWN CLERK
READING. MASS.
2011.9AN I l iP 1% 34
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. Also in attendance
was Glen Redmond, Commissioner of Buildings.
Case # 11 -26
A Public Hearing on the petition of McNeil Builders LLC who seek a Variance under Section(s)
5.1.2 of the zoning bylaws in order to construct a deck 10' x 12' that encroaches into the required
side yard setback of 15.0' on the property located at 49 Weston Road in Reading, MA.
Wendy & Stephen Gallante want to demolish the existing deck and replace it with a new one but
it will encroach into the required side yard setback. They said the abutters do not have any
objections to the new deck.
The submitted plans do not show accurately what the existing or new setbacks will be. It was the
Board's opinion that the Applicants need a Variance and/or Special Permit for the deck and, they
also may need a Special Permit for an addition that they also wanted to build. It was suggested
they review the zoning bylaws, go back to the builder and surveyor and, perhaps redesign the
deck and the addition so that they would just require a Special Permit. The Applicants also need
to revise the plot plan in order to show dimensions and offsets of existing structures as well as
what is proposed.
On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals moved
to continue the case to January 5, 2012 to continue to allow the Petitioner to present a revised
certified plot plan indicating the dimension setbacks..
The vote was 5 -0 -0 ( Jarema, Redfern, Perkins, Caouette, Miles).
Case # 11 -27
A Public Hearing on the petition of Xiu J. Chen who seeks a Special Permit under Section 4.2.2
(substantially similar to a permitted use) of the zoning bylaws in order to practice Asian body
work in the property located at 95 Main Street in Reading, MA.
ZBA Meeting, December 1, 2011
Ms. Chen's attorney presented her request to the Board. Ms. Chen was surprised she had to do
anything because there had been a massage parlor in the same location for the past ten years. The
Building Inspector advised them they needed to get a Special Permit because Asian body work is
not mentioned in the bylaws but could be considered "similar" to massage therapy, which is
allowed. Her attorney said Asian body work is similar to, but not exactly the same as, massage
therapy.
The Board did not have any problem with it being agreed that Asian Body Work is similar to
massage therapy. Ms. Chen is not doing any interior renovations other than painting.
James Brescia of 9 Leaning Elm Drive questioned the qualifications required for an Asian body
worker and the Chairman told him that is beyond the scope of what the Zoning Board of Appeals
is authorized to do.
On a motion by Damase Caouette, seconded by John Miles, the Zoning Board of Appeals moved
to grant the Applicant a Special Permit under Section 4.2.2 of the Zoning Bylaws in order to
allow the Applicant to practice Asian body work at 95 Main Street in Reading, MA.
The vote was 5 -0 -0 (Jarema, Redfern, Perkins, Caouette, Miles).
Case # 11 -28
A Public Hearing on the petition of Peter & Stephany Driscoll who seek a Special Permit under
Section(s) 6.3.8 of the zoning bylaws in order to demolish an existing non - conforming structure
on anon-conforming lot and to construct a new single family dwelling as per plans submitted on
the property located at 26 Timberneek Drive in Reading, MA.
Their Attorney represented Peter & Stephany Driscoll. They had structural damage done to the
roof last winter due to the excessive snow and they need to rebuild the house because it is
unlivable at this time and was deemed unsafe by the Building Inspector. They want to build a
two -story cape and it will be more in compliance than the present structure. The new house will
be an improvement over the existing one and will improve the neighborhood.
The Board thought the proposal was very straightforward and had few questions.
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 6.3.8. Lb of the Zoning Bylaws in
order to demolish the existing dwelling and to construct a new two -story one - family dwelling as
laid out in the referenced Plot Plan and as depicted on the submitted architectural plans.
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.
ZBA Meeting, December 1, 2011 2
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 5 -0 -0 (Jarema, Redfern, Perkins, Caouette, Miles).
Adjournment
On a motion by Kristin Cataldo, seconded by John Miles, the Zoning Board of Appeals moved to
adjourn the meeting.
The vote was 5 -0 -0 (Jarema, Redfern, Perkins, Caouette, Miles).
Respectfully
Maureen M.
Recording S
ZBA Meeting, December 1, 2011