HomeMy WebLinkAbout2013-05-16 Zoning Board of Appeals Minutes10W URK
Town of Reading
ZONING BOARD OF APPEALS
Minutes of May 16, 2013
Members Present: Damase Caouette, Chairman
Robert Redfern
John Jarema
David Traniello
Kathleen Hackett
Members Absent: 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 -01
Continuation of a Public Hearing on the petition of Artis 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.
The Chairman reviewed the history of the case to date. Attorney Brad Latham represented the
Applicants and also reviewed the history of the case and said a lot has happened since our last
meeting. The Attorney General approved the zoning change for a proposed nursing home, as
requested by the Town. Town Counsel gave a written opinion today regarding the Petitioner's
proposal, although Attorney Latham did not agree with the opinion.
Attorney Latham asked the Board to make a decision regarding 1090 Main Street and to make a
determination, even though the Petitioner would still be required to come back to the ZBA in the
future for 1090 Main Street. He asked that the Board approve a Special Permit for parking relief.
He distributed information that showed where the parking was presently and where parking
would be for the proposed Senior Living facility.
Mr. Traniello asked questions about the relief being sought and said that it appeared nothing had
changed dimensionally from what was submitted originally and he was told that was correct.
Mr. Jarema asked about the time factors involved in waiting for the Town to validate the changes
in the by -laws. Attorney Latham said if action is taken under the zoning change it will take 2 -3
weeks before they can come back before the ZBA and they also still have to come before
Conservation and the CPDC. He said they would gain not time but certainty.
ZBA Meeting, May 16, 2013
Mr. Jarema said they would not have any way of knowing what restrictions may be imposed by
the CPDC. And he thought the time frame would be best served by appearing before the other
Boards and then come back to the ZBA. Attorney Latham said if the Board gives the relief
tonight as requested, that the remainder of the Boards will just be normal issues that can be
worked through as always. So when they come back before the ZBA it would be clear what was
imposed upon the Petitioner by the other Boards.
Mr. Redfern initially said what was requested seems to be a Variance from the current By -laws.
Mr. Redfern saw that the parking will be only a 10' setback and, the pending By -law requires a
25' setback. The proposed 10' setback is still an improvement over what currently exists there,
the existing non - conformity would be improved from what exists and a Special Permit could be
issued for this.
Mr. Jarema said the State has not completed this by -law change to date. It would be difficult to
do this until the change is complete. Attorney Latham said they are not asking for a Special .
Permit under the nursing home by -law. He said they want the offset rule relief and relief only for
this one section.
The Chairman said they could make a finding that the Board has no objection to the 10' setback
for the parking. Mr. Redfern said they are just asking for relief for the proposed 10' offset
parking. Now the current by -laws require 50' and the proposed 10' setback would be an
improvement over the 0' setback that existed for Eric's Greenhouse.
Town Counsel had told the Chairman during a phone call today that there is no reason relief
under Section 4.3.1.4 could not be granted. Attorney Latham thought a Special Permit would be
the easiest route to take and the sketch submitted tonight could be referenced in that decision.
Mr. Jarema said a plan that is in place tonight could go out the window after the Applicant's
meeting with the CPDC. Attorney Latham said this plan is what the CPDC and the Conservation
Administrator have favored in meetings with them.
Christopher Laspina of 1082 Main Street is an abutter on the side where the parking is going to
be. He said there is no setback now and Eric's customers were parking on his property. He did
not think the relief requested was an issue. He said the nursing home is the best solution to this
piece of land and he supports the proposal.
The abutter on the other side said there is no barrier and bark mulch and manure is placed right
beside the sidewalk. No one would object to the 10' setback since there is nothing at all now.
Mr. Jarema said the Board has to make a decision and submit a decision in a particular format.
This Board tries to make sure all is done correctly so if there were an appeal it would stand up in
court. This is to protect the town and the residents.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to grant the Applicants a Special Permit for 1090 Main Street under Section 6.3.2b of the Zoning
Bylaws to permit the construction of a proposed parking lot, in conjunction with the proposed
ZBA Meeting, May 16, 2013 2
nursing home. The Proposed parking lot shall have a minimum of 10' front and south yard
setbacks and seeing how the existing parking lot at the location has front and side setbacks of 0',
the Board found that the proposed parking lot will be a less detrimental use of the property. The
proposed parking lot with front and side setbacks are shown on a Sketch Plan submitted to the
Board the evening of the hearing and is dated May 16, 2013.
The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello)
Case # 13 -10
A Public Hearing on the petition of Paul & Danielle Currier who seek a Special Permit and an
Appeal from a Decision of the Building Inspector under Sections 6.3.6 & 7.4 of the zoning
bylaws in order to construct a second level to a non-conforming structure on the property located
at 38 Springvale Road, in Reading, Massachusetts. A 2.0' x 4.7' portion of the proposed 2n°
level encroaches into the left side yard.
Paul and Danielle Currier reviewed their proposal for the Board. They want to put a second floor
on their dwelling and the necessary canter -lever is encroaching into the setback. Two of their
neighbors have added a second level.
Mr. Redfern did not have any issues with the Special Permit being granted because they need
this relief to add the second floor. The only non - conformity is this overhang and it is not an
increase in nonconformity. Mr. Redfern and Mr. Jarema both thought the Building Inspector
could have approved the Building Permit because there is no increase in non - conformity.
Mr. Traniello thought the Building Inspector was just trying to be safe.
On a motion by David Traniello, seconded by Robert Redfern, the Zoning Board of Appeals
moved to grant the Applicants a Special Permit in order to construct a second level upon a non-
conforming structure on the property as reflected in and consistent with: (1) the certified plot
plans dated March 269 2013, and revised April 8, 2013, prepared by Reid Land Surveyors of
Lynn and stamped by Ralph Williams Reid, Professional Land Surveyor.
The vote was 5 -0 -0 (Caouette, Redfem, Jarema, Hackett, Traniello)
Adjournment
On a motion by David Traniello, seconded by Kathleen Hackett, the Zoning Board of Appeals
moved to adjourn the meeting.
The vote was 5 -0 -0 (Caouette, Redfem, Jarema, Hackett, Traniello).
ZBA Meeting, May 16, 2013
espec"u"Y sub 'Ile
een M. Kni
Recording Secre
ZBA Meeting, May 16, 2013