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HomeMy WebLinkAbout2013-10-17 Zoning Board of Appeals MinutesTown of Reading a Meeting Minutes RECEIVED „owo�w' TOWN CLERK EADING. MASS. Board - Committee - Commission - Council: Zoning Board of Appeals 2017 NOV 13 A 6 51 Date: 2013 -10 -17 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Damase Caouette, Chair Robert Redfern John Jarema Erik Hagstrom David Traniello Kathleen Hackett Members - Not Present: John Miles Glen Redmond Others Present: Minutes Respectlully Submitted By: Maureen M. Knight, Recording Secretary Topics of Discussion: CASE # 13 -12 Continuance of 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. The Applicant's attorney, Michael Osboume, submitted an email, read into the record by the Chairman, requesting that the case be continued to December 5, 2013 so he may submit additional information supporting his position. Mr. Redfern said this situation has to end with Attorney Oshoume showing up on December 5th to present his case because Mr. Redfern and other members thought the Board should no longer agree with any more continuances until the Board meets with Attorney Osboume. On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved to continue the hearing to December 5, 2013. Attorney Osboume will be requested to provide the additional information no later than November 12, 2013 to allow Town Counsel and Board members sufficient time to review the information before the December 5 meeting. The vote was 5 -0 -0 ( Caouette, Redfern, Jarema, Hackett, Traniello) Page 1 1 CASE # 13 -19 A Public Hearing on the petition of Gail Johnson (Arch Land Development LLC) who seeks a Variance and/or a Special Permit under Section(s) 5.1.2 & 6.3.3.2 of the zoning bylaws in order to demolish an existing structure and to construct a new single family dwelling on a non - confomring lot on the property located at 84 Cross Street in Reading, Massachusetts. Bill Johnson presented their proposal to the Board. There is currently 2 feet of water in the basement of the present dwelling and the walls are falling down. The roofing structure is in bad shape. The neighbors he spoke to are in favor of the proposal. The Building Inspector submitted a letter stating he was in favor of the proposal and had no objections. Mr. Traniello said he did not think the Applicant needed a Variance and a Special Permit would be suitable. Ms. Hackett asked why there were two plans submitted and Mr. Johnson said in case an alternative was needed. The one that is dated 9 -23 -13 is the one that is to be considered for the Special Permit. Mr. Jarema had some questions about why Mr. Johnson was using Section 6.3.3.2 when he could put the house on the lot in better regard to the dimensional controls. He thinks the plan could be amended more and had concerns about the height since that lot is at present the highest elevation in the area. Mr. Johnson said he did not want to have to blast since the houses are so close to each other. Hydraulic hammering might be required at the most. The garage will be slab on grade with a half basement for the dwelling. Mr. Jarema said the alternate plan seems like a better plan but Mr. Johnson said then the turn-around is tight and retaining walls would have to be built. Mr. Redfern said Section 6.3.3.2 states that a Special Permit can be granted if it does not increase the non - conformity and is not more detrimental and he thinks the new dwelling will not be more overwhehning or detrimental than the present dwelling. He did not have any problems with the proposal and thought it was in fact an improvement. Mr. Hagstmm said the blasting could be a problem. Paul Sumner of 78 Cross Street said he is in favor of the proposal but had some concerns about privacy and tree removal. Dan of 293 Ash Street said he is concerned about privacy also and would want trees or a border of some sort for privacy. Richard Iannetti of 79 Cross Street is in favor of the proposal but was concerned about lot line measurements to the structure. Kerry Lee of Ash Street had questions about the blasting. On a motion by Robert Redfem, seconded by Kathleen Hackett, the Zoning Board of Appeals moved to grant the Applicant a Special Permit under Section 6.3.3.2 in order to demolish the existing non - conforming single family dwelling and to construct a new two story single family Page 1 2 dwelling with attached garage on the existing legal non - conforming lot on the property as shown on the referenced Plot Plan and in general conformance with the architectural plans submitted. This 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. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). Minutes On a motion by Robert Redfem, seconded by John Jarema, the Zoning Board of Appeals moved to approve the minutes of August 15, 2013 with changes. The vote was 6 -0 -0 (Caouette, Redfem, Jarema, Hackett, Traniello). On a motion by Robert Redfem, seconded by Kathleen Hackett, the Zoning Board of Appeals moved to approve the minutes of August 15, 2013 with changes. The vote was 6 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). Adjournment On a motion by David Traniello, seconded by Erik Hagstrom, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 6 -0 -0 (Caouette, Redfem, Jarema, Hackett, Traniello, Hagstrom). Page 1 3