Loading...
HomeMy WebLinkAbout2012-04-19 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of April 19, 2012 Members Present: Jeffrey Perkins, Chairman Robert Redfern John Jarema John Miles Damase Caouette Members Absent: Kristin Cataldo '�-TwJaw, RECEMD TOWN CLERK READING. MASS: 2012 JUN 1,8 A 10: 5l 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 # 12 -05 A Public Hearing on the petition of Matt & Naomi Muse who seek a Special Permit under Section(s) 6.3.3.2 of the zoning bylaws in order to remove a 6' x 6' entry and to add a 6' x 6' entry one - story, as per plans submitted, within the required side yard of 15' on the property located at 166 Prescott Street in Reading, MA. Nancy Toomey, Architect, presented the proposal for the Applicants who were present. They want a full height door for the basement and they don't need the side porch. They want to build a single story structure and eliminate the side porch. Ms. Toomey presented a letter from the abutter stating they have no opposition to the proposal and the Chairman read it aloud for the record. The non - conformity would not be increasing. The Board members had a few questions that were answered by Ms. Toomey. Mr. Jarema said this structure is considered part of the house. There were some questions as to how this structure was described in the assessor's cards over the years in different ways. Mr. Jarema said it appeared to be past the ten -year time frame and therefore the structure is now a legal structure. The Building Inspector said the question was whether this was a legal or illegal structure. The new proposal will not be out any farther than the present structure. Mr. Redfern said it is part of the house as a covered porch that is not enclosed and is open to the elements. It is a non - conforming structure on a non - conforming lot and the new proposal will not encroach any farther and be no more detrimental than what is there now. On a motion by Robert Redfern, seconded by Damase Caouette, the Zoning Board of Appeals moved to grant the petitioners' request for a Special Permit under Section 6.3.2 of the Zoning ZBA Meeting, April 19, 2012 Bylaws in order to remove /demolish the existing 6' x 6' covered entry and construct a new 6' x 6' one -story basement entry as shown on the referenced plot plan by John D. Sullivan III and as depicted on the submitted architectural drawings prepared by Toomey Design. 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. 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, Redfern, Miles, Caouette). Case # 12 -04 A Public Hearing on the petition of Chimney Hill Real Estate LLC, Mark Hall, who seeks a Special Permit under Section(s) 6.36 & 6.3.8 of the zoning bylaws in order to demolish an existing single family dwelling & garage and construct a new single family dwelling on a non- conforming lot as per plans submitted on the property located at 41 Richards Road in Reading, MA. The house foundation is to remain. The Applicant requested in writing that the hearing be continued to the next meeting on May 10 so they would have additional time to present a new proposal. The Building Inspector said he spoke with Applicant and the entire proposal is totally different and he felt it should be re- advertised. The Board will continue this case to the next meeting and if necessary, the Applicant could open a new case if the Building Inspector thought it was warranted by how drastically the plans had changed. On a motion by Damase Caouette, seconded by Robert Redfern, the Zoning Board of Appeals moved to continue the hearing to the next meeting on May 10, 2012. The vote was 5 -0 -0 (Perkins, Jarema, Redfem, Miles, Caouette). ZBA Meeting, April 19, 2012 a Other Business Discussion about 32 Lowell Street decision (Case # 12 -01) Mr. Jarema said he never felt the need to discuss a zoning case after the fact, but due to inaccuracies stated by the Applicants in the media, he felt compelled to make some comments. He thought the Board was in concurrence with him that this dancing school was a good fit for the community. How this was accomplished was the problem. The Applicants were asked for alternative plans for parking as well as a document from the Mass Historical Commission. In both hearings he thought the Applicants had a feeling of entitlement regarding the parking situation. The Applicants were not forthcoming with requested documents. The time frame was not kept. The members voted three in favor and two opposed (3 -2 -0) to uphold the Building Inspector's decision. The second vote was four in favor and one opposed (4 -1 -0) to grant a variance on the property for four additional parking spaces, as requested by the Applicants, allowing them to move forward for the school. The information the Applicants included in letters and to the media did not state this accurately. The decision had to be within the guidelines of the zoning regulations. In the Advocate today it stated that a solution had been reached and Mr. Jarema asked the Building Inspector what had occurred. The Building Inspector said there still has not been a resolution. He also objected to the inaccuracies that were submitted by the Applicants to the media. There still has not been a building permit issued because the Applicants have not done what is necessary to obtain the permit. The Building Permit is in fact being held up by the Fire Department at this point due to required information they requested from the Applicants that has not been not been submitted. It is the Applicants that are causing the delays. Adjournment On a motion by John Jarema, seconded by John Miles, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 5 -0 -0 (Perkins, Jarema, Redfern, Miles, Caouette). ZBA Meeting, April 19, 2012