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HomeMy WebLinkAbout2012-11-08 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of November 8, 2012 Members Present: Damase Caouette, Chairman John Jarema Robert Redfern David Traniello Kathleen Hackett Members Absent: John Miles f II 111 DEC 20 q ll: 22 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 # 12 -17 A Public Hearing on the petition of Go Green, LLC (eCars) who seeks a Variance under Sections 5.0, 5.1.2, of the zoning bylaws in order to create a new side yard setback of 6.5' rather than the existing setback of 16.5'on the property located at 281 Main Street in Reading, Massachusetts. The required setback in a Business "A" District is 10.0.' See Plan C -2 for new property dimensions dated October 22, 2012. John Zeder and Dan Enxing of eCars made their presentation to the Board starting with a brief history of the property. Rich O'Connor, site Civil Engineer for both eCars and Perfecto's Cafe was also in attendance. John Jarema said the Board has never granted a Variance to change a conforming lot to a non- conforming lot. Mr. O'Connor said every time the Board grants a Variance they are granting a non - conformity. Mr. Jarema explained that is not the case and explained in depth why that was not true. Mr. Zeder reviewed what he thought were arguments as to why their lot met the requirements for the four criteria. The Chairman explained again that they are asking for the right to create a non - conforming lot from a conforming lot. Mr. Jarema asked what their reasoning was for this request because it would affect two business locations that are adjacent to each other by the moving of the property line. Mr. O'Connor said they were approached by Perfecto's to do this. Mr. Enxing said they want to see Perfecto's built so they will not have the current old building next to them hurting their sales. Perfectos' could use the additional property for their parking which is presently not ideal. Mr. ZBA Meeting November 8, 2012 a Enxing said they did not want to just grant an easement because they would still be liable for that strip of land. Mr. Zeder said they want to help improve south Main Street. He said he was under the impression that there were going to be zoning changes enacted to improve south Main Street and he thought this request for a Variance would be a good start to this. Mr. O'Connor said they have met with a number of Town departments and they discussed several plans and this was what they ended up with. He said it was a joint effort of the Town to come up with this proposal. Mr. Redfern said eCars is benefiting from this request and also the abutter Perfectos, who is the major benefactor, but Perfectos is not before the Board. He also said he did not see any hardships or uniqueness and this is currently a normal conforming lot. Mr. Enxing said they cannot make a success of their business with a burnt out building next door to them. They want to help out Perfectos but this existing situation is causing them hardship. Mr. Redfern said possibly an easement could be granted, or eCars could sell Perfecto's just a 6.5' strip of land instead of 10' and eCars could still conform in their side setback. Mr. O'Connor said they could cut off a few feet but that would be all. Mr. Zeder said they have strict restrictions from Conservation and that limits what they can do with some of their space. Mr. Enxing said if they would give an easement they would not have to have a vote from the ZBA but they just can't do that because of liability issues and their families. They will not do an easement. He said this project is to help a fellow businessman and they would like a Variance. Mr. Redfern said the Board needs to uphold the zoning bylaws and work within those confines. Mr. Jarema said they could also lease the property to Perfecto's for a specified time and see if it works out. He thought that since Perfectos owner, Max Gabriello, was out of town and could not attend, he should have sent his lawyer to represent him. Mr. Jarema said the Board does not know if this gives additional parking or any parking benefits and Mr. O'Connor said it does. But without actual information from Conservation or Planning, the Board does not have complete information. Mr. Jarema said another possibility would be pavers or gravel for parking and Mr. O'Connor said there is a 35' natural vegetation zone restriction by Conservation. Mr. Jarema said the person that needs to be present to talk about the parking is Mr. Gabriello and his attorney and they are not here. Mr. Traniello said the Board did not have enough information tonight to be able to make a decision. He wanted to hear from Perfecto's legal counsel regarding the parking situation and any perceived hardships and why this is the best plan. Mr Enxing said if they are applying for the Variance then why would the Board need Perfecto's legal counsel. Mr. Traniello would like to hear from Perfectos as to why they think this is good idea. ZBA Meeting November 8, 2012 2 i Ms. Hackett said her thoughts were the same and she would need to hear from Perfectos' legal council as to the hardships also. The Chairman said the main concern is one of safety and can it be made safer and is there a way eCars can do this without a Variance. He said they would need four out of five votes in order to be granted the Variance. He said Mr. Zeder and Mr. Enxing cannot present the hardship factor because they are not the ones experiencing the hardship. Mr. Zeder said eCars hardships were due to the conservation issues and that they cannot conduct business due to the rundown state of the Perfecto's building next door to them. Mr. Enxing asked for a continuance and said they will have Mr. Gabriello and his legal counsel as well as Ecars' legal counsel at the continuation. Mr. Jarema said what they are asking for is in essence, spot zoning, and the Zoning Board of Appeals has never, and will never, engage in spot zoning. He suggested if they want this they need to go back before all the other boards and commissions in order to accomplish this. The Town would have to change the zoning bylaws on south Main Street in order to allow this request of a decrease in side setback. Mr. Jarema said the Applicant should look at all other alternatives. On a motion by Robert Redfern, seconded by David Traniello, the Zoning Board of Appeals moved to accept the Applicant's request to continue the hearing to December 6, 2012. The vote was 5 -0 -0 (Caouette, Jarema, Redfern, Hackett, Traniello). Adjournment On a motion by Kathleen Hackett, seconded by David Traniello, the Zoning Board of Appeals moved to adjourn. The vote was 5 -0 -0 (Caouette, Jarema, Redfern, Hackett, Traniello). R spectfully sub ed C�iAJ�U" Ma n M. igh Recording Se retar ZBA Meeting November 8, 2012 3