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Home My WebLink About2013-11-07 Zoning Board of Appeals Minutesi'' a roc �4OQ,P Town of Reading Meeting Minutes bA LVRK r�ECEIVED TOWN CLERK FADING, MASS. Board - Committee - Commission - Council: Zoning Board of Appeals 1014 FEB 12 P _1 22 Date: 2013 -11 -07 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 Glen Redmond Members - Not Present: John Miles Others Present: Minutes Respectfully Submitted By: Maureen M. Knight, Recording Secretary Topics of Discussion: Case # 13 -20 A Public Hearing on the petition of Reading Petroleum Inc. who seeks a Variance under Section(s) 4.0 / 4.2.2 of the zoning bylaws in order to have "open storage" of used cars for sale in a Business B District on the property located at 431 Main Street in Reading, Massachusetts. Attorney William Crowley represented the Applicant who owns Reading Petroleum and leases the property. Attorney Crowley said his client wants to sell a few used cars from his gas station that is in a Business B District. He needed either a Variance or a reversal of the Building Inspector decision in order to do this. Making his for -sale vehicles visible will create interest in persons looking to buy a car. Attorney Crowley said the primary sales at the station is gas and therefore the sale of cars would be considered as accessory sales. Anticipating a variance may be required, he presented what he thought were the four required criteria. The Building Inspector brought up the discrepancies that exist for the sales of cars or open storage. Mr. Traniello asked how many cars would be placed on the lot and Attorney Crowley said six vehicles would be displayed on the Washington Street side of the station. He asked also about the number of customer cars that may be on the lot waiting for repair or pickup. Attorney Crowley said they would be parked along the fence on the east side of the station. Page 1 1 The cars for sale will have writing on the car glass. They still have to appear before the CPDC for signage approvals. Attorney Crowley said it would be a financial hardship if a building were put up to house the cars for sale. Mr. Jarema asked where was the application at this time for permission to sell used cars and Attorney Crowley said it was put aside for the moment until there was a decision by the Zoning Board. Mr. Jarema also asked about the cars in the lot behind the station and Attorney Crowley said they belong to the property owners and not to the owner of Reading Petroleum who leases the property. Mr. Jarema commented on the fact that they may be for sale but they have not appeared to move in any way. He also brought up the precedent this decision could create as well the fact that a variance would stay in effect for this property and not with the Applicant. He also wondered if anything that is sold outside is considered outside storage. The request for the Variance would result in the granting of a license to sell automobiles and would remain in perpetuity to the property. Licenses are granted to individuals and not to property. Mr. Redfern said he thought that the proposed automotive use of auto sales was suitable. He also mentioned the gas station across Washington Street had over a dozen cars on the lot as well as another station down Main Street. He also thought the requested use should employ no additional signs and not have any flying flags or flashing lights. He also thought proper screening from the residential properties would be useful and he questioned the camper trailer stored on the back lot. Mr. Redfern thought this use of used car sales is currently allowed by the By -laws. Mr. Hagstrom also thought the use the Applicant is seeking is already allowed. Attorney Crowley asked if what he understood was that no variance is necessary and that the Building Inspector should approve the use requested and thus give his approval to the Town Manager for the license to sell used vehicles. Mr. Caouette said he agreed that the use is already permitted. In comments from the public, Anthony D'Arezzo, 31 John Street, was concerned with the permitting process. On a motion by David Traniello, seconded by Robert Redfern, the Zoning Board of Appeals moved to grant Petitioner's request for an appeal of the Building Inspector's decision. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). Attorney Crowley requested that he be allowed to withdraw his request for a variance without prejudice. On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals moved to accept the withdrawal of the variance without prejudice. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). Case # 13 -21 A Public Hearing on the petition of Carole Atkinson who seeks a Special Permit under Section(s) 6.3.3 / 6.3.3.2 of the zoning bylaws in order to construct a 9.6' x 10.2' deck with a 11.7' setback Page 1 2 rather than the 15.0' setback required in an S -15 District on the property located at 27 Hopkins Street in Reading, Massachusetts. Carole Atkinson presented her proposal to the Board. They want to square off the back porch to the garage. It has been built but needs a Special Permit in order to be in conformance. The Board members asked questions about the deck, setbacks, and location of the deck. The Building Inspector said the building permit was issued but on the final inspection, the deck was built but it created the need for a Special permit due to the setbacks. The Albas, abutters to the Applicant, sent a letter stating they had no objections to a Special Permit being issued. On a motion by Kathleen Hackett, seconded by Robert Redfern, the Zoning Board of Appeals moved to grant a Special Permit for the deck at the rear of the existing garage. The vote was 5 -0 -0 (Caouette, Redfern, Jarema, Hackett, Traniello). Other Business David Traniello gave a report as a member of the Zoning Advisory Committee. They have met three times. There are going to be four public forums, the first one will be on November 20. They will invite public attendance and feedback. The first forum will be an overview of what is being dealt with. Members of the ZBA will be receiving questionnaires as well as a number of other boards and community groups and residents. He explained the electronic voting system that will be used during the meeting so participants can voice their opinion while the meeting goes on. There will also be a brief discussion about the ZAC at the upcoming Town Meeting. Minutes On a motion by David Traniello, seconded by Robert Redfern, the Zoning Board of Appeals moved to approve the minutes of October 3, 2013. The vote was 6 -0 -0 (Caouette, Redfern, Jarema, Traniello, Hackett, Hagstrom). On a motion by Robert Redfern, seconded by Kathleen Hackett, the Zoning Board of Appeals moved to approve the minutes of the October 17, 2013 with changes. The vote was 6 -0 -0. (Caouette, Redfern, Jarema, Traniello, Hackett, Hagstrom). Adjournment On a motion by John Jarema, seconded by Kathleen Hackett, the Zoning Board of Appeal moved to adjourn the meeting. The vote was 6 -0 -0 (Caouette, Redfern, Jarema, Traniello, Hackett, Hagstrom). Page 1 3