HomeMy WebLinkAbout2013-03-07 Zoning Board of Appeals Minuteso 0 LEO-
Town of Reading
ZONING BOARD OF APPEALS
Minutes of March 7, 2013
Members Present Damase Caouette, Chairman
Robert Redfern
John Jarema
David Traniello
Kathleen Hackett
John Miles
Members Absent:
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 # 13 -01
A continuation of a Public on the petition of Antis Senior Living LLC who seeks a Variance,
Special Permit under Section(s) 4.3.1.4, 6.3.2.b of the zoning bylaws in order to remove the
existing structures and to construct a new two -story 65 bed nursing home as per plans submitted
on the property located at 1090 -1100 Main Street in Reading, Massachusetts.
Attorney Brad Latham, in a letter, requested that the case be continued until the ZBA meeting on
March 21, 2013.
On a motion by David Traniello, seconded by Robert Redfern, the Zoning Board of Appeals
moved to continue the hearing to March 21, 2013 at there request of the Applicant.
The vote was 5 -0 -0 ( Caouette, Redfern, Jarema, Traniello, Hackett).
#12 -18
A continuation of a Public Hearing on the petition of Heidie Gutierrez who seeks a Special
Permit under Section 6.3.2 of the zoning bylaws in order to extend or expand the first floor rear
deck on the property located at 12 -14 Linden Street in Reading, Massachusetts. The existing use
of this structure is a non - conforming use (residential) and is located in a Business B District.
The applicants have submitted a certified plot plan that the Board had requested. The plot plan
shows a 9.3' setback and that would require a Variance. If they would increase the setback to
9.5' they would only need a Special Permit.
ZBA Meeting, March 7, 2013 1
The Applicants had brought an updated plot plan to this meeting from their surveyor who had
changed the set back in question to 9.T and therefore the Applicant would require only a Special
Permit. The Board accepted the updated plot plan as the certified plot plan for the case.
On a motion by Robert Redfem, seconded by John Jarema, the Zoning Board of Appeals moved
to grant the Applicants a Special Permit in order to extend the existing rear deck at 12 -14 Linden
Street as shown on the referenced updated certified plot plan prepared by Middlesex Survey Inc.
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 (Caouette, Redfern, Jarema, Traniello, Hackett)
Case # 13 -02
A Public Hearing on the petition of Thomas Dolan who seeks a Variance/ Special Permit/
Appeal from Decision of the Building Inspector under Section(s) 5.016.3.3.2/ 7.4.2 of the zoning
bylaws in order to construct a covered roof over the front existing platform that encroaches into
the front yard setback on the property located at 49 Fairview Avenue in Reading,
Massachusetts.
Ms. Hackett recused herself from the case because she knows the Applicant
Thomas Dolan presented his proposal to the Board. He explained the history of the project and
that his house is 19.6' from the front property line and therefore does not meet the required
setback of 20'. The proposed porch roof will just go over the existing non - conformity. He said
there is extreme ice build up during the wintertime over the porch and the steps. The proposed
roof over the platform will assist in the reduction of the ice formations.
Mr. Traniello felt that the Board was unable to vote on this situation based on the bylaws and he
had questions on the sign offs and if the required ones were received. The Applicant indicated he
did receive all necessary signoffs.
ZBA Meeting, March 7, 2013
Mr. Jarema said he was not seeking a solution under 7.4.2. Mr. Dolan thought Sections 6.4.5 or
6.4.6 were the proper sections. The Building Inspector had determined the bylaws that were sited
in the legal notice.
Mr. Jarema thought that the Board might be able to grant a Special Permit with a finding. Mr.
Redfern did not think the criteria required were present to be granted a Variance. Mr. Redfern
said perhaps there could be a condition that the porch would not be enclosed in the future.
The Board had some questions about the house addition and the attached garage that did not
meet the setbacks but they were grandfathered as legal non - conforming.
Mr. Miles did not think the proposal was a structure.
On a motion by John Jarema, seconded by John Miles, the Zoning Board of Appeals moved to
grant the Applicant a Special Permit under Section 6.3.3.2 of the Zoning Bylaws in order to
construct a roof only with two supporting columns over the front landing as shown on the
referenced plot plan.
This Special Permit is conditioned upon the following:
1. The Applicant shall not be permitted to enclose the front landing without first seeking
approval from the Zoning Board of Appeals.
The vote was 4 -1 -0 (Caouette, Redfem (opposing), Jarema, Traniello, Miles).
Adjournment
On a motion by John Miles, seconded by David Traniello, the Zoning Board of Appeals moved
to adjourn the meeting.
The vote was 5 -0 -0 (Caouette, Redfem, Jarema, Traniello, Miles).
spectfully sub ' [ed,
Maureen M. t
Recording Sect
ZBA Meeting, March 7, 2013