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Home My WebLink About2014-04-03 Zoning Board of Appeals MinutesTown of Reading � 4 l 1 Meeting Minutes S ,-1 W W V�[ R K Mr SS. Board - Committee - Commission - Council: �o28 P 4'21 Zoning Board of Appeals ! Date: 2014 -04 -03 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Chairman Damase Caouette, Robert Redfern, Erik Hagstrom, David Traniello, Kathleen Hackett, John Jarema Members - Not Present: John Miles Others Present: Building Inspector Glen Redmond Minutes Respectfully Submitted By: Maureen Knight on behalf of Damase Caouette Topics of Discussion: Case # 14 -06 A Public Hearing on the petition of Thomas Wise who seeks a Variance and a Special Permit under Section(s) 4.3.2.2.2.b & 4.3.2.8 of the zoning bylaws in order to create an accessory apartment and to request a Variance from the required restrictions on the property located at 181 South Street in Reading, Massachusetts. The proposed accessory apartment exceeds 1/3 of the gross floor area and the apartment is not a part of the existing dwelling. Kathleen Hackett recused herself from the case because she knew the Applicants. Diane Miller, Architect, presented the case to the Board and the owner, Heidi Wise, was also present along with their builder. The Applicant wants to add an accessory apartment addition for their in -laws. They are 14 square feet above the maximum allowed for an accessory apartment. Ms. Miller presented what she thought were the required criteria to obtain a Variance. Ms. Miller submitted a petition that had been signed by four abutters. The Building Inspector said he had no problems with the proposal. Mr. Traniello said the package submitted was done well and this situation is not uncommon. However, he felt that the proposal would not meet the criteria required and the present zoning bylaws and this would set a precedent. He listed in what ways the proposal would not meet the current bylaws. John Jarema said the re- writing of the bylaws would probably cover such a situation as they are proposing. He listed the areas where he felt the proposal was inadequate for the current bylaws. Page 1 1 He reviewed the current accessory bylaw presently in place and why it had been designed the way it was. He said they were asking for "spot zoning" and the Board could not do that. Mr. Jarema said he has problems with each one of the criteria and did not think the proposal met what was required. Mr. Jarema said they are really 130 square feet over the allowable amount. Robert Redfern said they were asking for more area than is allowed, and the side yard setback for the apartment in the southwest corner would be only 14.5.' He thought the appearance of the proposed house does not maintain the look of a one family dwelling as it is supposed to look like and instead looks like an added apartment. The Chairman said it was a well -done plan but it does exceed the amount allowed and the setback discussed earlier does not meet the 15' minimum as required. Lee Ann Webb, abutter from 224 Walnut Street, was concerned about the setback and the lack of property markings on the property. Mr. Redfern suggested Ms. Webb have a plot plan done on her property if she has concerns. Ms. Miller said the Applicants would stake the property if required. The Chairman listed the problem areas with the proposal and said the Applicant could withdraw without prejudice and come back at a later date with a new proposal. The Building Inspector said the parallel setback and the gross /net space are not issues. The problem is in using the addition for a proposed accessory apartment. Ms. Miller and the Board discussed various options that were available to the Applicants. Ms. Miller requested that they be allowed to postpone the case to May 22, 2014. On a motion by Robert Redfern, seconded by Erik Hagstrom, the Zoning Board of Appeals moved to withdraw without prejudice the request for a Variance. The vote was 5 -0 -0 (Redfern, Jarema, Hagstrom, Traniello, Caouette). On a motion by David Traniello, seconded by Robert Redfern, the Zoning Board of Appeals moved to continue the case for a Special Permit to May 22, 2014. The vote was 5 -0 -0 (Redfern, Jarema, Hagstrom, Traniello, Caouette). Case # 14 -07 A Public Hearing on the petition of Gino Molettieri who seeks a Special Permit under Section(s) 6.3.8 of the zoning bylaws in order to demolish the existing single family dwelling and to construct a new single family dwelling on a non - conforming lot on the property located at 18 Chestnut Road in Reading, Massachusetts. Architect Steve Baczek and builder Mike Brussard represented owner Gino Molettieri. Mr. Baczek presented the proposal to the Board. All the members of the Board said it was a good proposal and they did not have any issues with it. The Building inspector said he did not have any problems with the proposal either. Attorney Bill Crowley said he was a neighbor and was in favor of the proposal. Page 1 2 There were two letters submitted to the Board in favor of the proposal. On a motion by Kathleen Hackett, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicant's request for a Special Permit under Section 6.3.8.1b of the zoning bylaws in order to demolish an existing single family dwelling and to construct a new single family dwelling on the property as shown on the referenced plot plan of land. The Special Permit is conditioned on 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 (Redfern, Jarema, Hackett, Traniello, Caouette). Minutes On a motion by Robert Redfern, seconded by Erik Hagstrom, the Zoning Board of Appeals moved to accept the minutes of February 6, 2014. The vote was 6 -0 -0 (Redfern, Jarema, Hackett, Hagstrom, Traniello, Caouette). On a motion by David Traniello, seconded by Erik Hagstrom, the Zoning Board of Appeals moved to accept the minutes of February 20, 2014. The vote was 4 -0 -0 (Redfern, Hackett, Traniello, Caouette). On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved to accept the minutes of March 6, 2014 with correction. The vote was 4 -0 -0 (Redfern, Jarema, Hagstrom, Caouette). Other Business ZAC Report David Traniello reviewed what has been going on at the Zoning Advisory Committee meetings and how they are trying to reach out to the community to get them to attend and participate. There has been a lot of communication with the residents so that they are aware of what is going on and so that they can understand what will impact them. Different members of the ZAC will be giving updates at the upcoming Town Meeting. The committee wants the Town Meeting members to take a vested interest in this procedure now so that they will be aware of the proposed changes in the bylaws before it is time to take a vote at Town Meeting. Mr. Traniello Page 1 3 said they are trying to make the bylaws as user friendly as possible for residents and business owners. Adjournment On a motion by David Traniello, seconded by John Jarema, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 6 -0 -0 (Redfern, Jarema, Hackett, Hagstrom, Traniello, Caouette). Page 1 4