HomeMy WebLinkAbout2013-03-21 Zoning Board of Appeals MinutesTown of Reading
ZONING BOARD OF APPEALS
Minutes of March 21, 2013
Members Present: Damase Caouette, Chairman
John Jarema
Robert Redfern
John Miles
David Traniello
Kathleen Hackett
Members Absent: None
oUIrJ CLERK
RECEIVED
TOWN CLERK
READING, MASS.
`113 MAY 14 P 4: 2i
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.
Major /Minor Modification for 285 Main Street
Hearing changed to April 4, 2013 at the request of the applicant.
Case # 13 -03
A Public Hearing on the petition of Anne Jack who seeks a Variance under Section(s) 4.2.2 of
the zoning bylaws in order to use the premises as a "home occupation" with a person that is not a
resident of the dwelling on the property located at 51 Walnut Street in Reading, Massachusetts.
Anne Jack gave a summary of her new home business baking gluten free products along with her
sister who is a doctor and who specializes in nutrition and allergies. They will do this in Ms.
Jack's kitchen as they cannot do it in a commercial space that would not be free of allergens. Ms.
Jack's kitchen was more suitable. Her sister is a resident of Reading although she does not live
with Ms. Jack. The kitchen has been inspected and cleared by the Health Division.
The Chairman read a letter from the Building Inspector stating that he had no issues with the
sister not being a resident of the dwelling.
The Board asked some questions about the operation. Ms. Hackett asked about delivery trucks
coming and Ms. Jack said they planned on staying very small and if it became larger they would
move the operation. They would only be baking a few mornings a week.
Mr. Traniello asked if the sister would be involved directly in the baking and Ms. Jack said yes.
She said they will be baking healthy molasses cookies, a twinkle type product, chocolate chip
cookies made more healthy, cookies on a stick, healthy breakfast muffins, etc. and all would be
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gluten free. Mr. Traniello also wanted to know if there would be any disruption to the
neighborhood from the business and Ms. Jack said no. They would be cooking in the morning
and then immediately delivering to the Natural Food Exchange the day of baking. Mr. Traniello
also quizzed Ms. Jack on the four criteria needed for a Variance to be granted and she answered
as to what she thought were the four criteria.
John Jarema said what she was asking for was a use Variance and this use was allowed in a
residential area. He wanted to know if this was a partnership with her sister and Ms. Jack said
yes. He also wanted to know if her sister as a physician would have people coming to the house
with their children to discuss their allergies and Ms. Jack said this would not occur. Mr. Jarema
said if there were any changes to the kitchen it would involve the Health Division, and the
Building, Electrical, and Plumbing inspectors. He said the main thing is that there would be no
inconveniences to the neighborhood. He did not think that Ms. Jack and her sister would cause
any neighborhood issues but if there was growth and they wanted to add employees they could
not do so within Ms. Jack's house.
Robert Redfern said this is a request for a use type Variance and this is not a common request.
He did not see anything in the bylaws that said you could not have another employee in your
home occupation. He thought perhaps a Special Permit might be the more suitable than a
Variance. But he did not have any issues with the request for a use Variance.
John Miles wanted to know that if the sister was not going to assist her, would Ms. Jack even be
coming before the Zoning Board. They have registered with the Secretary of State as an LLC.
They might approach other businesses in town that carry gluten free products. Ms. Jack assured
the Board that if this business grows at all they would move to a larger facility. They plan to only
bake a small amount in her kitchen as it would not be suitable for her family to have the kitchen
taken over and it is off her family room also.
The Chairman asked how much product they can produce in a morning's session of cooking and
Ms. Jack said she was not sure. She does not want at this time for the business to grow beyond a
small home -based endeavor.
Katherine Jack, the Applicant's mother -in -law, said she was surprised that Ms. Jack needed a
permit to do this due to her sister participating. But Ms. Jack was honest and told the Health
Division right from the beginning that her sister was involved.
The Chairman read aloud three letters of support that were submitted to the Board on the
Applicant's behalf.
On a motion by David Traniello, seconded by John Jarema, the Zoning Board of Appeals moved
to grant the Applicant a Use Variance under Section 4.2.2 of the zoning bylaws in order to use
the premises as a "home occupation" as defined by Section 2.2.17 of the bylaws, to wit: Love
My Gluten Free, LLC, with a person that is not a resident of the dwelling on the property located
at 51 Walnut Street, Reading, Massachusetts as reflected and consistent with: (1) the drawings
numbered 2 and 3 prepared and stamped by Professional Engineer Peter Sandorse and Phoenix
Collaborative Architects of Wakefield, Massachusetts, dated May 21,2013, appended to the
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Petition. A condition of the Board's approval shall be that the Applicant must operate the baking
business from her own kitchen, must not hire any additional employees, must not post any
signage, must not offer any goods on display for sale, and must maintain and preserve the
residential nature of the property and surrounding neighborhood.
The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello).
Case # 13 -01
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 hearing was continued to April 18, 2013 at the request of the Applicants.
On a motion by Robert Redfern, seconded by David Traniello, the Zoning Board of Appeals
moved to continue the hearing April 18, 2013.
The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello).
Adjournment
On a motion by John Miles, seconded by Robert Redfern, the Zoning Board of Appeals moved to
adjourn the meeting.
The vote was 6 -0 -0 (Damase, Jarema, Redfern, Hackett, Traniello, Miles).
espectfully submitt d,
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