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HomeMy WebLinkAbout2013-04-04 Zoning Board of Appeals MinutesoulA LRV, Town of Reading ZONING BOARD OF APPEALS Minutes of April 4, 2013 Members Present: Damase Caouette, Chairman John Jarema Robert Redfern John Miles David Traniello Kathleen Hackett 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. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 13 -04 A Public Hearing on the petition of Michael & Mary Belmonte who seek a Variance and a Special Permit under Section(s) 4.2.2 and 6.3.8. Lb of the zoning bylaws in order to demolish an existing non - conforming single family dwelling and to construct a new two family dwelling on the property located at 172 Washington Street in Reading, Massachusetts. Attorney Brad Latham presented the history of the property. The lot has over 23,000 square feet of land. The property is in a dilapidated condition. It has been used as a single family dwelling with 8 rooms. It was eight rooms prior to 1942 so they are entitled to turn this into a two family although they have not done so. The floor joist is an old tree trunk without any footings and there is a dirt floor. All the plumbing and electrical infrastructure needs to be replaced. The overall condition of everything is very poor. They can demolish and rebuild a larger two family dwelling with a Special Permit. It is technically not a current two family so that is why they are before the Board and asking for a Variance also. Attorney Latham presented the proposal for the new two family dwelling and why he thinks the four criteria necessary for a Variance are met. The Building Inspector said by right this could be converted to a two- family dwelling and therefore that should be assumed when they then demolish and rebuild a new two - family dwelling. Mr. Jarema said the assessor's cards show it as a 7 room dwelling but the Building Inspector said he inspected the dwelling and there were clearly nine rooms plus hallways. ZBA Meeting, April 4, 2013 Attorney Latham said it was as large as two lots and the present dwelling is only on half of the property. The neighborhood has many two family dwellings and is not out of character. Mr. Traniello questioned what the present off - street parking capability was and the Applicant said the existing capacity is two cars. Ms. Hackett asked about the requirement that the new dwelling look like a single family dwelling and Attorney Latham explained that would not be the case if the dwelling was determined to be a two family based on the owners ability to do that by right. Mr. Jarema said he had concerns that this dwelling was always considered a single family dwelling so he would want the progression that this was a single family allowed to convert to a two family since it was eight plus rooms prior to 1942. He would want documentation and the Building Inspector suggested they have the Assessor inspect the house as is. Mr. Redfern said they didn't meet A first so they would not be able to progress to B. He thinks some type of evidence is necessary before they can continue. He did think the proposal was a welcome addition to the area but the bylaws must be observed. Mr. Miles had questions about the elevation. Mr. Caouette also agreed it was a good proposal but they need to observe the bylaws. The Applicant said the reason the assessors had not had access to this dwelling was due to the previous owner who not allow admittance. The Board concurred that the Assessor agreeing that there were 8 rooms plus would be agreeable. This house is listed as a historical dwelling and is subject to the demolition delay bylaw. It would stay the demolition for six months while other options were sought. The actual date for the beginning of this demolition delay would have to be determined. Virginia Adams of the Historical Commission presented the history of the dwelling and the neighborhood itself that had other houses that were historical that were demolished and rebuilt as multiple dwellings. She presented her arguments that the house could be made habitable and the Historical Commission encourages the owner to rehabilitate with perhaps an addition. Ms. Adams explained the entire process that was required during a demolition delay. Attorney Latham said they respect the historical commission but they request that the Zoning Board continue along with what they need to decide. He requested that they postpone the presentation until the next hearing Rick Johnson of 168 Washington Street voiced his approval of the proposal and said it would be an improvement for the neighborhood. On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved to continue the hearing to April 18, 2013. The vote was 5 -0 -0 ( Caouette, Redfern, Jarema, Hackett, Traniello). ZBA Meeting, April 4, 2013 2 Other Business Major or Minor Modification for Perfecto's Cafe Bruce Gingrich represented the owners of the intended Perfecto's Cafe with their request. He reviewed the history of Perfecto's project to date but said the design has changed and now they want a kitchen upstairs as well. There is not enough space in the first floor kitchen for all the boiling equipment needed to bake bagels. Mr. Gingrich said he thinks it is a Minor Modification. He said he also thinks the parking is now sufficient for the number of employees and customers. The Chairman said the Applicants are asking for a change to the previous Special Permit issued for Perfecto's and Mr. Gingrich said yes. The Building Inspector explained the history to date. They have since changed the proposed foundation to tearing down and building from scratch rather than working with what they had. The Board had previously approved limited use of the second floor. Now it is a full floor 2 °a floor with a kitchen. They have added two parking spaces. They will be going before the CPDC next week because the interior alterations need to be approved. Mr. Miles asked if the baking area would continue through the night and Mr. Gingrich said he did not think so. Mr. Redfern asked if the number of seats has increased and Mr. Gingrich said it was originally 16 and has increased to 27. Mr. Jarema asked about the additional land purchased from Ecars that would provide one more parking space and was told they were passing papers tomorrow. Mr. Jarema said he would like to see this as major modification and he did think it was substantial due to the increase of seats from 16 to 27. He thought this represents 100% of additional seating and is not minor. Mr. Gingrich said this amount of seating just maximizes the amount of parking they now have. The Chairman asked how much floor space for seating has increased and Mr. Gingrich said it has not changed even though seating has increased from 15 to 27 seats. Ms. Hackett inquired if they need to make any special provisions for the boiling kettle on the second floor and was told it does not change anything upstairs. Mr. Redfern said they have just added more seating around the tables and the floor area being used for seating has not increased. The Building Inspector said he did not have any concerns with the seating but rather with the new more intensive use of the second floor. Mr. Jarema wanted to know where the baking material would be stored since they would not be using the upstairs as storage as originally approved. He was told it has moved to other areas within the building. The lift was there originally for the second floor. ZBA Meeting, April 4, 2013 3 Virginia Adams asked if additional venting would be required since they are boiling on the second floor. On a motion by Robert Redfern, seconded by Kathleen Hackett, the Zoning Board of Appeals moved to consider the use of the upstairs as a kitchen to cook bagels in as a Minor Modification. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). Minutes On a motion by David Traniello, seconded by Robert Redfern, the Zoning Board of Appeals moved to accept as amended the minutes of February 7, 2013. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). On a motion by David Traniello, seconded by Robert Redfern, the Zoning Board of Appeals moved to accept as amended the minutes of March 7, 2013. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). On a motion by Robert Redfern, seconded by David Traniello, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 6 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello, Miles). Respectfully Mahreen M. Recording S ZBA Meeting, April 4, 2013 4