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HomeMy WebLinkAbout2013-07-11 Zoning Board of Appeals Minutesoru Town of Reading ,?qe Meeting Minutes i<< RECEIVED MOWN CLERK .FADING. MASS. Board - Committee - Commission - Council: Zoning Board of Appeals 1813 OCT 23 A OW 28 Date: 2013 -07 -11 Time: 7:00 PM Building: Reading Town Hall Location: Board of Selectmen Room Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Damase Caouette, Chair Robert Redfern Kathleen Hackett David Traniello John Jarema John Miles Members - Not Present: None Others Present: Glen Redmond, Commissioner of Buildings Minutes Respectfully Submitted By: Maureen Knight Topics of Discussion: Case # 13 -14 A Public Hearing on the petition of Patricia Simeone who seeks a Special Permit under Section 4.2.2 of the zoning bylaws in order to apply for a use "substantially similar to permitted uses" where a Special Permit may he granted on the property located at 1 Haven Street in Reading, Massachusetts. Patricia Simeone said she owns a business that removes tattoos, performs medical tattoos, and replaces eyebrows. Her business falls under the beauty business category and she needs to have it listed as a permitted use and she is the only employee. The Building Inspector said she needed to get a Special Permit because there is nothing in the table of uses that lists her business exactly. Her services are closest to beauty services. Ms. Simeone has submitted her list of certificates to the Board of Health for review. She would like to open in September. This type of business is not regulated and needs to be approved on a town -by -town basis. There is at this time no legal licensure in the state of Massachusetts. Mr. Jarema wanted to know if these "similar to" types of businesses are registered at the Registry of Deeds and the Building Inspector said no. The Building Inspector said he would take the four or so cases to date and keep them in a folder for future review as Mr. Jarema thought there should be some time of record kept. Page 1 1 vouw m Town of Reading - Meeting Minutes Mr. Redfern wondered if there should be a Certified Plot Plan for cases such as these as is required of other Special Permit Applications. He said he placed this business in the same category as beauty salons and barbers. Mr. Miles questioned if he could get a tattoo and she said no but she could disguise a disfigured one or remove it. Joy Boleo, who also has a business at 1 Haven Street, voiced her support of Ms. Simeone. On a motion by Kathleen Hackett, seconded by David Traniello, the Zoning Board of Appeals moved to grant the applicant a Special Permit under Section 4.2.2 of the Zoning Bylaws to operate INDIGO contingent upon approval by the Board of Health. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). Case 4 13 -15 A Public Hearing on the petition of Robert K. Ahem who seeks a Special Permit under Section 6.3.8 of the zoning bylaws in order to remove an existing non - conforming dwelling and to construct a new single family dwelling on a non - conforming lot as per plans on the property located at 57 Village Street in Reading, Massachusetts. Zoning Board Member John Miles recused himself because he has a personal connection to the Applicant. Robert Ahern presented his proposal to the Board. He said the existing house will be demolished and a new single - family dwelling will be constructed in its space. The Building Inspector said this is the largest lot in the neighborhood but he is lacking 6' in frontage. He said it is a typical tear down - rebuild and will meet all zoning setbacks. Mr. Redfem said it is undersized for the district but is a legal non - conforming lot and will meet all the requirements. The house will fit in well with the neighborhood. Mr. Jarema said the houses in this area are mostly two -story. The Building Inspector said this is a three -story and the third floor would be used as living space. Tom Bergendorf voiced his approval of the project. Jason Carr of 43 Village Street voiced his concerns regarding the method of removal of the garage. Martin Rowen of 71 Village Street voiced his concerns about how close the house will be to his property. On a motion by Robert Redfern, seconded by Kathleen Hackett, the Zoning Board of Appeals moved to grant the Applicant a Special Permit under Section 6.3.8 of the Zoning Bylaws to permit the demolition of the existing non - conforming, single family dwelling and to construct a new, two story, single family dwelling on the existing non - conforming lot on the property, as shown on the referenced Plot Plan and in general conformance with the architectural plans submitted with the application for the Special Permit. Pape 1 2 Town or Reading - Meeting Minutes The vote was 5 -0 -0 (Caouette, Redfem, Jarema, Hackett, Traniello) Case # 13 -16 A Public Hearing on the petition of the Town of Reading who seeks a Special Permit under Section 6.3.2 (non - conforming uses) of the zoning bylaws in order to divide the property at 186 Woburn Street which will result in an increase in the deficiency of parking on the property located at 186 Woburn Street in Reading, Massachusetts. Town Manager Bob LeLacheur reviewed the history of this case and how the Town needs additional kindergarten space. The Town would act on behalf of St. Agnes who is selling the property to the Town. Town Counsel Gary Brackett also reviewed the history and explained the procedures that need to take place in order for the Town to purchase this land from St. Agnes. The former school building would be used by the Town to house kindergarten classes. He outlined the properties that are located on the St. Agnes property at the present. At present, the parking that is provided does not meet the applicable parking requirements of the Reading Zoning Bylaws. The change in the number of parking spaces on the premises will not be substantially more detrimental to the neighborhood. With 109 spaces provided on the premises at present there is a suggested deficit of 90 spaces. The Town is seeking a formal determination from the Zoning Board of Appeals that the number of parking spaces available to the Church for the continued current use of the premises is sufficient to meet the applicable parking requirements under the bylaw. As shown on the Plan of Land, the resulting parking requirements for the Church under the existing zoning would be 116 spaces, of which 50 will be provided on the premises. That will leave a suggested deficit of 66 spaces, which are 24 spaces less than the current deficit of 90 spaces. The Building Inspector said there are no real requirements for churches and schools so we are trying to apply what the requirements would be if this were a new retail building. Once the property is divided they will be splitting the parking lot and come closer to the required parking spaces. Attorney Brackett said there is not a table of dimensional controls for churches but instead the Town is trying to use the current parking requirements for retail businesses. There are ongoing negotiations with the archdiocese as to the use of the available parking spaces during certain peak times by the church when the school is not occupied. Town Engineer George Zambouras said there would be 50 spaces that will be available. Ms. Hackett was concerned with the use and St. Agnes not being able to control the use of the parking just by a divided property line and the limit in the times of high attendance. Mr. Jarema was also concerned with holy day observances that may occur during times the school is in session and felt this should be addressed in the agreement. He wanted to know the history of the gymnastics academy and their arrangements with the church regarding parking and Page 13 mumm Town or Reding - Meeting Minutes how it worked. He also was concerned with the parking situations of the neighbors when the church has events. Mr. Redfem said the Town is exempt from parking but they need to be realistic. You need parking for the teachers and the adult drivers of the students. The Town Manager said there is going to be 50 additional spaces added at the Parker Middle School and that will be available to staffers at the Woburn Street School. School Superintendent John Doherty said the intent of the additional spaces being added at Parker would be for the parking of the Woburn Street School personnel. Mr. Zambouras explained the recalculations that were revised on the plans as to the overall square footage that resulted in 5 additional spaces being required. Attorney Brackett said the entire project is ajoint project of St. Agnes, the School Department, and the Town of Reading. The issue is really that the parking not be more detrimental and in actuality it will not be. Mr. Jarema said all three entities are exempt from parking and did not even need to come before the ZBA. And they are using the parking standard that has been imposed over the years. The best situation is that if it will improve the community by the additional availability of education for the school children then the parking situation is secondary. Section 6.3.2 is the best solution in order to accomplish this. Mr. LeLacheur said if this is approved tonight it still has to go before the Town Meeting and then must go before the voters of Reading. Mr. Doherty said there would be 14 classrooms and 240 students. And he said the Town is also working with a traffic consultant. Mr. Redfern said the Town feels comfortable with the parking. Mr. Miles said he hoped they would work with the neighbors so that they would not be inconvenienced. He said the school and church are both exempt and in fact are increasing the amount of parking spaces. Mr. Caouette said it would not be any more impact on the community than it is now. He said the issue before the Board is whether what is being proposed is more detrimental. Ms. Hackett said the neighborhood should be considered and the impact this will have on them. Lisa Warner voiced her concerns about the impact the school would have on her parking. Ms. Kennedy of Temple Street voiced her concern about the drop off of the students. Harry Chan of 7 Pratt Street voiced his concerns about the parking and drop off on a daily basis. Attorney Brackett and Mr. Doherty responded to the concerns raised by the neighborhood. Mr. Zambouras responded to the concerns about pavement, drainage, and redirecting traffic. Attorney Brad Latham, representing St. Agnes, said the issue is whether nine parking spaces less is more substantially detrimental than what was there. That is what needs to be decided by the Board. Page 14 Town of Reading - Meeting Minutes On a motion by John Jarema, seconded by David Traniello, the Zoning Board of Appeals moved to grant the Applicant's request for a Special Permit under Section 6.3.2 of the zoning bylaws in order to change the number of parking spaces on the property as depicted in the referenced Plot Plan. The vote was 4 -1 -0 (Caouette, Redfem, Jarema, and Traniello in favor, Hackett opposed). Minutes On a motion by John Jarema, seconded by Robert Redfem, the Zoning Board of Appeals moved to approve the minutes of June 6, 2013. The vote was 6 -0 -0 (Caouette, Redfem, Jarema, Traniello, Hackett, Miles). On a motion by Robert Redfem, seconded by seconded by Kathleen Hackett, the Zoning Board of Appeals moved to approve the minutes of June 20, 2013. The vote was 6 -0 -0 (Caouette, Redfem, Jarema, Traniello, Hackett, Miles). Adjournment On a motion by Kathleen Hackett, seconded by seconded by John Miles, the Zoning Board of Appeals moved to approve the minutes of June 20, 2013. The vote was 6 -0 -0 (Caouette, Redfem, Jarema, Traniello, Hackett, Miles). P'e1s vounm