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HomeMy WebLinkAbout2012-10-04 Zoning Board of Appeals Minutes'Iowa Caw, Town of Reading ZONING BOARD OF APPEALS Minutes of October 4, 2012 Members Present Damase Caouette, Chairman John Jarema Robert Redfern John Miles Kathleen Hackett David Traniello Members Absent: None 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 -13 A Public Hearing on the petition of Jack Millerick who seeks a Special Permit under Section 4.2.2 of the zoning bylaws in order to operate a dog boutique and to provide on -site "self wash" grooming facilities, and offer off -site pet services (photographs, training, walking) on the property located at 143 Main Street in Reading, MA. Attorney Josh Latham represented the Applicant and presented their proposal to the Board. He said it is a dog boutique offering high -end products and services. They will have a self - service dog wash as part of the business. The Building Inspector said it needed a Special Permit and that is why they applied. There is no substantial set -up required, just some paint and a few bathing facilities. He reviewed the major points of his argument that were laid out in a memo he presented to the Board this evening. Attorney Latham thought it did not need a permit because it was just retail sales. The dogs will not be on the premises for very long and there will be no crating or care offered so he felt it was just retail services and did not require a Special Permit. The Applicants thought it was a mix of more retail than bathing services. The owners will be doing the bathing and at no point will the store assume responsibility of the dogs. They will show the customers how to use the facilities and machines and they would help only if there were a struggling dog that needed to be helped into a tub. They also will also offer dog - walking services by contract only. The business is restricted just to dogs and not cats. All services such as dog - walking, photography, and training will be done off - site. The store would just be a headquarters for these additional services. ZBA Meeting, October 4, 2012 The Board asked questions that were answered by Attorney Latham and the Applicants. Mr. Jarema said the retail part would be allowed due to location, however the self - bathing part would require a Special Permit such as was required of other dog grooming establishments in this area with similar specific conditions attached. On a motion by Kathleen Hackett, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicants a Special Permit under section 4.2.2 of the Zoning Bylaws in order to operate a dog boutique and on -site self -wash dog grooming facilities with off-site pet services at 143 Main Street with the following conditions: 1. Pets will not be housed overnight. 2. There will be no pet day care. 3. There will be no outdoor pet activity on the site. The motion was approved by a vote of 5 -0 -0 (Caouette, Jarema, Redfem, Traniello, Hackett). Other Business: 45 Beacon Street Angelo Salamone wanted to know if the Board had reviewed the packet he submitted and if they had any response. The Chairman said it was the first time Mr. Salamone had submitted any substantial paperwork since this began. Mr. Redfern said if Mr. Salamone is requesting a vote of the Board, this should come before the Board as an actual case and not Other Business. Mr. Jarema referred back to the meeting a year ago when benchmarks had been requested by the Board to measure that the project was commencing. Mr. Salamone said he is here at this meeting to request an additional year extension. Mr. Jarema said the deadline is October 18, 2012 and no building permits have yet been issued as required. Mr. Jarema said this appears to be more than Other Business if Mr. Salamone is asking for a vote tonight. He said these benchmarks were to prevent such a situation as Mr. Salamone is presenting tonight. Mr. Jarema said now we are 14 days from the expiration of the extension and the Town Planner, as well as the Building Inspector, were not here because they are taking vacations long planned. In the absence of permits, Mr. Jarema thought this should be a new case and that abutters should be notified via legal notices. And he commented on the fact that Mr. Salamone only just came in two weeks ago and asked to speak to the Board under Other Business. Mr. Jarema explained to Mr. Salamone that the longer he waits the more likely it was that what was required of this project would change. ZBA Meeting, October 4, 2012 Mr. Salamone said he came before the Board to get something from the Board that would enable him to get a building permit. Mr. Jarema said the Building Inspector, in his memo, said he is ready for site work to be done but he is not ready to give Mr. Salamone a building permit. All that Mr. Salamone had at this point was approval to go ahead with site work. The Chairman asked when would be the start of the project. Mr. Redfern said it was just more of a clarification and that he personally is not inclined to approve an extension. He said Mr. Salamone has quite a lot of work to do before he is even close to getting a building permit. Mr. Salamone said his plans have been approved and he asked if there was a stamp on his plans because they had been approved. Mr. Jarema said the joint memo from the Town Planner, Town Engineer, and Building Inspector indicated that Mr. Salamone is free to begin site work. However, if this site work is not begun in a major way by October 18, 2012 then the extension lapses on October 18, 2012. Mr. Jarema said to line up some equipment and get in to see the Building Inspector on Tuesday morning at 7:30 AM and tell him that you are beginning the site work. Mr. Jarema will write a memo for the Building Inspector to read when he returns from vacation on October 9 clarifying what they have told Mr. Salamone. Mr. Salamone wanted the Board to rule on requirements that have been established by the Town Engineer, Fire Chief, etc. but the Board reiterated that they have nothing to do with these requirements and that Mr. Salamone must deal with the proper parties. No vote was taken, things stand as they did, and nothing has changed. Mr. Salamone was told that if major site work has not been started by October 18, 2012 the permit extension will expire. Adjournment On a motion by David Traniello, seconded by John Miles, the Zoning Board of Appeals moved to adjourn the meeting at 8:40 PM. The motion was approved by a vote of 6 -0 -0 (Caouette, Jarema, Redfern, Traniello, Hackett, Miles). Respectfully M ure n M. Recording S ZBA Meeting, October 4, 2012