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HomeMy WebLinkAbout2013-06-20 Zoning Board of Appeals MinutesDuJ�CLERIC Town of Reading ZONING BOARD OF APPEALS Minutes of June 20, 2013 Members Present: Damase Caouette Robert Redfern Kathleen Hackett David Traniello John Jarema John Miles 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 -12 A Public Hearing on the petition of Alice Beltran who seeks a Variance under Section 4.2.1 of the zoning bylaws in order to modify a Variance granted on December 17, 1957 in order to use the existing cottage for the use of a dwelling on the property located at 29 Gardner Road in Reading, Massachusetts. Alice Beltran said they bought the house in order to use the cottage as a home for her in -laws who are ill and need help. Then they found out that this use was not allowed in Reading and that she needed to apply for a Variance from the Board. The Building Inspector said she needed a new Variance because the one issued on December 17, 1957 had expired upon the death of the individual that the variance had been based on. Mr. Traniello said the law is very clear that a Variance expires when the property is sold and the Applicants need to apply for a new Variance. He also said that no certified plot plan was submitted in the application. Ms. Beltran said her in -laws have been living in this cottage and are there now. She said the former owners lived in the unit while their daughter occupied the main house. Mr. Jarema said the Variance is unclear as to what exactly the Variance permitted and Ms. Beltran said she did not have any more information than the Variance itself. He said a Variance does not go with the house to the next owners. Ms. Beltran said she might be able to research through the children of the previous owner a little more about what exactly the Variance was for. Mr. Jarema said the Board needs some more information and that they would have no way of finding any. ZBA Meeting, June 20, 2013 Mr. Caouette said that the Variance was only for the lifetime of the owner. Mr. Redfern said they do know how much longer the owner who was granted the Variance lived after the Variance was granted. Ms. Beltran said he lived for about four years after the Variance but the owners at that time continued the use because the house was not sold but remained in the family. The Building Inspector said he became aware of this situation because of a request for the plumbing inspector. Also a neighbor called because the house was for sale and she was concerned about the use. Mr. Jarema said there was not shown a use variance in the past decision. Mr. Jarema said he would want more information from the document that should be recorded at the Registry of Deeds. Mr. Traniello said he too would like to continue the case so the Applicant can find more information. He suggested more information might also be available from the land surveyor. Mr. Redfern said they should be able to also obtain a certified plot plan from the previous surveyor. He said the previous plan showed parking for the cottage on the abutter's property and that would not be allowed. Ms. Beltran submitted a letter from this abutter saying for the past 50 years he has allowed this parking on his property and plans to continue this with the present owners and said it has something to do with an easement. Mr. Redfern said this easement would be available at the Registry and it would be helpful if Ms. Beltran got a copy of this. Ms. Beltran said they have three spaces which are all they need and the space on the abutter's land is more of a courtesy space and if it was not there their three spaces would be sufficient. Mr. Redfern said they should be prepared to present the four criteria needed for a Variance. The property was sold to the Applicants as a single - family home. Mr. Redfern said the original Variance has expired and a new Variance would be needed and Mr. Miles agreed. The Chairman said the Board would also consult with Town Counsel regarding this property. Ms. Beltran said she had thought she could request an accessory apartment but Mr. Jarema said that could not be used because the buildings are not connected and she agreed that might not be the best route. Mr. Jarema suggested they might need some legal assistance. A discussion ensued as to various ways to allow the non - conforming use. Town Counsel will be consulted and Ms. Beltran will do her research and consult an attorney. Ms. Beltran requested the case be continued till August 15, 2013. On a motion by John Jarema, seconded by Damase Caouette, the Zoning Board of Appeals moved to continue the hearing to August 15, 2013 at the request of the Applicant. The vote was 5 -0 -0 ( Caouette, Redfern, Jarema, Hackett, Traniello). ZBA Meeting, June 20, 2013 2 Case # 13 -13 A Public Hearing on the petition of Lacey Paige who seeks a Variance and a Special Permit under Section(s) 5.0 & 6.3.6 of the zoning bylaws in order to construct a two -story addition 20' x 31' as per plans on the property located at 59 Federal Street in Reading, Massachusetts. The right side setback does not conform to the required side yard setback of 15'. Lacey Paige presented her proposal to extend along the line of non - conformity when building the proposed addition on her father's home. The Building Inspector said it is just a matter of 2 inches. The family needs the addition in order for her mother to care for her father. Mr. Miles said he did not think the 2 %2 inches was a problem and he asked would the applicant rather a Variance than a Special Permit and she said yes. Mr. Redfern said he thinks it could be either and he reviewed each option within the zoning bylaws. There was considerable discussion as to what section of the zoning bylaws would be more appropriate for the proposal. The conclusion was a Special Permit would be more easily granted than a Variance. Anthony Carroll, who is an abutter, voiced his approval of the proposal and said that the jog would not be noticeable. Ms. Paige's father said he did not think the non - conformity would be noticed and he would appreciate the Board's consideration. On a motion by David Traniello, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicant as petitioner for her parents a Special Permit under Section 6.3.6 of the Zoning Bylaws in order to construct a two -story addition on the property as reflected in and consistent with: the certified plot plan dated April 9, 2013 prepared by Massachusetts Survey Consultants of 10 First Avenue, Peabody, MA and stamped by Thomas P. Bernadi, Professional Land Surveyor, and as -built drawings dated June 20, 2013 of the proposed two -story addition, dwelling, and elevation. The Special Permit is conditioned upon the following: 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. ZBA Meeting, June 20, 2013 The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). Reorganization On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved to appoint Damase Caouette as the Chairman for the year 2013 — 2014. The vote was 6 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello, Miles). On a motion by John Jarema, seconded by David Traniello, the Zoning Board of Appeals moved to appoint Robert Redfern as the Vice Chairman for the year 2013 — 2014. The vote was 6 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello, Miles). Adjournment On a motion by Robert Redfern, seconded by John Miles, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 6 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello, Miles). spectfully %U Maureen M. Recording Si ZBA Meeting, June 20, 2013 4