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HomeMy WebLinkAbout2013-05-09 Zoning Board of Appeals MinutesOWA ICE K Town of Reading ZONING BOARD OF APPEALS Minutes of May 9, 2013 Members Present: Damase Caouette Robert Redfern John Jarema Kathleen Hackett David Traniello John Miles 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 -07 A Public Hearing on the petition of Johnson Woods Realty Corporation who seeks a Special Permit under Section 6.3.8. Lb of the zoning bylaws in order to remove the existing dwelling and to construct a new single family dwelling on a Lion- conforming lot (area) on the property located at 16 Kelch Street in Reading, Massachusetts. Attorney Brad Latham represented the Applicants. Ted Moore, principal of Johnson Woods, was also present. The lot is non - conforming because it is a 17,850 square foot lot in a S20 district. The Applicants want to demolish the dwelling there now and build a new single family dwelling. It is not substantially more detrimental than what is there now. It will be an improvement to the neighborhood as the present dwelling is in very poor condition. Ms. Hackett asked if the driveway would be removed and a more appropriate grading be installed and Attorney Latham said yes. Mr. Redfern said he thought the new structure would not be more detrimental than what is there at present. Mr. Miles was concerned about the style of the new dwelling and if it would be in the style of Johnson Woods. Mr. Moore said it would be more in the style of the other three houses that have been built on this street. The Chairman said it was a very straightforward proposal and also said the Building Inspector had submitted written comments that he had no issues with the proposal. Tony Covino of 9 Kelch Road voiced his objection to the proposal. Joanne Cotter of 15 Kelch Road voiced her objection to this proposal. It was mentioned by the Board and the Applicant that it would be good if the Town would allow them to open the gate and then heavy equipment would not be passing by the other three houses on the street. The Board will recommend it to the Town. ZBA Meeting, May 9, 2013 Michael Cotter of 15 Kelch Road voiced his objection to the proposal. On a motion by David Traniello, seconded by Kathleen Hackett, the Zoning Board of Appeals moved to grant the Applicant a Special Permit under Section 6.3.8.1 of the zoning bylaws in order to remove the existing dwelling and to construct a new single family dwelling on a non- conforming lot (area) on the property as reflected on the certified plot plans dated March 15, 2013, prepared by Hayes Engineering of Wakefield and stamped by peter J. Ogren, Professional Land Surveyor, and drawings numbered A -1, A -2, and A -3 prepared by Grazado V elleco Architects of Marblehead dated February 21, 2013. Special Conditions as follows: 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. 4. The Applicant shall request percussion from the appropriate town department to leave the security /fire gate at the end of Kelch Road into the apartment complex unlocked during the construction process for the ingress and egress of construction vehicles so as to minimize any inconvenience to the residents of Kelch Road. The vote was 5 -0 -0 (Caouette, Redfem, Jarema, Hackett, Traniello). Case # 13 -08 A Public Hearing on the petition of Robert Keegan who seeks a Variance under Sections 4.2.2 & 2.2.1 of the zoning bylaws in order to construct an accessory building on a lot without a principal building on the property located at Off Back Bay Court, Map 246023000000, Parcel 20209 in Reading, Massachusetts. Robert Keegan, Applicant, presented his proposal to the Board and said it was a landlocked non- usable lot. He presented what he thought were his four criteria required for a Variance. Mr. Keegan said the use now was nothing. He gave the history of the two lots and said they were two separate lots and he was assessed separately on them. He also owns a third lot there and it was just transferred to him this last April and this lot is also landlocked. He also owns the house out front. ZBA Meeting, May 9, 2013 Mr. Jarema said he would have to meet certain criteria to build and the Board cannot grant a Variance on a structure that does not exist. He explained how the Applicant could join the back lot with the front lot that has the dwelling and that is the only way he could build an accessory building. Mr. Redfern reviewed the PRD history of this area. Mr. Keegan said the lots he has purchased were never part of the PRD. Mr. Redfern asked if he had a permit for a horse yet and Mr. Keegan said no, he was waiting till the outcome of the appeal. Mr. Redfern said one lot is owned by a Realty Trust (lot with the dwelling) by Mr. Keegan and Mr. Keegan also owns the other lot where he wants to build a barn. If he merges both lots then he would not need a Variance but he still would need a permit from the Board of Health to have a horse on the property. Other avenues were suggested but he said he would have to give up PRD land and he did not want to do that. The Building Inspector said it was not a buildable lot because it does not have any acceptable frontage and it is undersized in area. Christine Shaw of 8 Back Bay Court was concerned with the common PRD lands and roadways. David Decologero of 27 Back Bay Court was worried about having occupants in the top floor of the proposed barn and what was also going to be built on that lot. It was suggested that the Applicant should meet with his attorney to see what would be best. The Board thought it was difficult for them because they do not know the conditions of the PRD. Mr. Redfern suggested the case could be continued for a month and Mr. Keegan could request to withdraw at that time if necessary. Mr. Traniello said Mr. Keegan's first thought should be how this proposal would affect the PRD and that would have to be done in conjunction with the other members of the PRD. On a motion by Robert Redfern, seconded by John Jarcma, the Zoning Board of Appeals moved, at the Applicant's request, to continue the hearing to June 6, 2013. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello) Case # 13 -09 A Public Hearing on the petition of Nancy Twomey who seeks a Variance and a Special Permit under Sections 5.0 & 6.3.6 of the zoning bylaws in order to construct a 2' x 6' roof structure (Special Permit required) and to construct a 4' x 6' platform (Variance required) as per plans on the property located at 21 County Road, in Reading, Massachusetts. ZBA Meeting, May 9, 2013 Nancy Twomey represented Sean and Nancy Collins who own the property. She presented the proposal to move the doorway. They want to extend a small roof covering over the entry. Mr. Traniello asked if the proposal encroached less than what is there now and Ms. Twomey said that was correct. He asked if other properties in the neighborhood have platforms with a cover over them and she said it was a combination of platforms, porches, and large closed -in porches. Ms. Hackett asked if the new platform is the same footprint and it was. The present platform and the proposed platform are both 4' x 6'. The proposal also increases the setback and it will be less non - conforming. Mr. Jarema did not think that a Variance is required. Mr. Redfern agreed since it followed the same building lines. Mr. Miles said it is getting less non - conforming so he had no issues with it. The Building Inspector sent a memo that stated he had no issues with the proposal. On a motion by Kathleen Hackett, seconded by David Traniello, the Zoning Board of Appeals moved to grant the Applicants a Special Permit under Section 6.3.6 of the Zoning Bylaws in order to permit removal of an existing 4' x 6' platform at the existing front door, building a new 4' x 6' platform in front of a new front door in a new location and adding a 2' x 6' partial roof covering over the new platform in line with the existing front of the home as shown on the referenced Plot Plan of Land. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). Nancy Twomey, on behalf of owners Sean and Jacklyn Collins, requested that the petition for a variance be withdrawn. On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals moved to approve the withdrawal of the request for a Variance without prejudice. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello) Minutes On a motion by Robert Redfem, seconded by Kathleen Hackett, the Zoning Board of Appeals moved to approve the minutes of March 21, 2013. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). On a motion by David Traniello, seconded by Kathleen Hackett, the Zoning Board of Appeals moved to approve the minutes of April 4, 2013. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). ZBA Meeting, May 9, 2013 On a motion by John Jarema, seconded by Robert Redfem, the Zoning Board of Appeals moved to approve the minutes of April 18, 2013 with changes. The vote was 5 -0 -0 (Caouette, Redfem, Jarema, Hackett, Traniello). 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, Redfern, Jarema, Hackett, Traniello). Respectfully � UNNUI/ /U1 M en M. Recording S ZBA Meeting, May 9, 2013