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HomeMy WebLinkAbout2014-07-10 Zoning Board of Appeals MinutesTopics of Discussion: Case # 14 -12 A Public Hearing on the petition of Thomas Wise who seeks a Variance and a Special Permit under Section(s) 4.3.2.8.2.b / 4.3.2.8 of the zoning bylaws in order to add an addition to the existing single family dwelling and to create an accessory apartment as per plans submitted on the property located at 181 South Street in Reading, Massachusetts. Attorney Michael Conway presented the case for the Applicants and reviewed the past hearing for a proposal that was presented and then withdrawn without prejudice by the Applicants. Attorney Conway said a new plot plan was submitted and the addition now meets all setbacks. The addition doorway has been moved to the side and is now not visible and the addition now looks just like just part of an ordinary home in this neighborhood and is not significantly larger. Attorney Conway said he did not think a Variance was required. He also discussed areas he thought were misinterpreted areas of the bylaws by the Board as they related to his client's previous application. He discussed 2 (two) previous cases that he thought set precedence for his client's application. Attorney Conway said he thought the proposed zoning changes, if they went through, would make this application not necessary. The Building Inspector said the apartment is supposed to be part of the existing dwelling and in this case the accessory apartment is being put into the new addition. But the addition complies and they can build that without an accessory apartment but they want it in the new addition. The addition can have as many bedrooms and baths but not a kitchen that triggers the accessory apartment bylaws. Mr. Traniello asked how this petition differs from the earlier petition submitted Page i 1 LRa Town of Reading , a Meeting Minutes '-RECEIYED �P�"�`°` TOWN CLERK " FADING. MASS. _0 Board - committee - commission - council: Zoning Board of Appeals 1aIM Ali 12 P Olt 1 Date: 2014 -07 -10 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Chairman Robert Redfern, Damase Caouette, Erik Hagstrom, David Traniello, John Jarema Members - Not Present: Kathleen Hackett Others Present: Building Inspector Glen Redmond Minutes Respectfully Submitted By: Maureen Knight on behalf of Damage Caouette Topics of Discussion: Case # 14 -12 A Public Hearing on the petition of Thomas Wise who seeks a Variance and a Special Permit under Section(s) 4.3.2.8.2.b / 4.3.2.8 of the zoning bylaws in order to add an addition to the existing single family dwelling and to create an accessory apartment as per plans submitted on the property located at 181 South Street in Reading, Massachusetts. Attorney Michael Conway presented the case for the Applicants and reviewed the past hearing for a proposal that was presented and then withdrawn without prejudice by the Applicants. Attorney Conway said a new plot plan was submitted and the addition now meets all setbacks. The addition doorway has been moved to the side and is now not visible and the addition now looks just like just part of an ordinary home in this neighborhood and is not significantly larger. Attorney Conway said he did not think a Variance was required. He also discussed areas he thought were misinterpreted areas of the bylaws by the Board as they related to his client's previous application. He discussed 2 (two) previous cases that he thought set precedence for his client's application. Attorney Conway said he thought the proposed zoning changes, if they went through, would make this application not necessary. The Building Inspector said the apartment is supposed to be part of the existing dwelling and in this case the accessory apartment is being put into the new addition. But the addition complies and they can build that without an accessory apartment but they want it in the new addition. The addition can have as many bedrooms and baths but not a kitchen that triggers the accessory apartment bylaws. Mr. Traniello asked how this petition differs from the earlier petition submitted Page i 1 Town of Reading Meeting Minutes 'rmvoxv�� Mr. Wise said the families each wanted their own space and he presented the changes that they made in the new application that they thought would accomplish this. Mr. Traniello reviewed what took place at the hearing for the first application and he also talked about what the intent of the present bylaws were in regards to accessory apartments and that was to limit the number of multi -unit buildings in the town. This may or may not change in the future but at the moment the present bylaws are still in effect. Mr. Traniello also had questions about Mr. Wise's reference to some of the assessor's field cards. He asked Mr. Wise to clarify some statements he made referring to the bylaw. Mr. Jarema said there have not been any two cases that were alike with the exception of tear- downs and rebuilds. He said precedence does not determine outcome in any case. In 1982 the purpose of the bylaw was to not create an open market on turning homes into two - family dwellings in single- family zones. He also had questions about the validity of the equations that were submitted for the petition. Mr. Caouette commented on the large amount of work put into this application. He also asked Attorney Conway why he thought this house was eligible for an accessory apartment. Mr. Caouette also questioned the information that was just submitted this evening to the Board by an abutter's attorney that the Board did not have the opportunity to review. Mr. Hagstrom had questions about the square footage and commented that the basement area was not included in the area calculations even though the basement was livable area. The Chairman said the bylaw criteria states the area of the house for the accessory apartment shall have been legally occupied prior to 1982, and in this case, the accessory apartment is a new addition. Once the 10% affordable housing goal for the Town is reached no more accessory apartments will be allowed. Attorney Kenneth Demount, representing direct abutters Michael and Lee Ann Webb, presented his client's objections for a Variance or a Special Permit to be granted because they oppose the new driveway and the taking down of a tree that their house directly abuts. He presented his client's arguments to the Board for why these permits should not be granted. Attorney Conway responded to the remarks made by Attorney Demoura. Gary Juffre, an abutter, gave his approval of the project. Mr. Wise reviewed gross and net calculations and how they differ and he reviewed these calculations for his proposal. Attorney Demoura disputed Mr. Wise's calculations and interpretation as to how area is to be calculated. Page 1 2 iR 40 Town of Reading Meeting Minutes RJ9 +IMfOR� Mr. Jarema said the only person who can really determine area is the Building Inspector and that is done by his actual inspection and resultant calculations. The Building Inspector said the enclosed porch would be counted and he would have to see the basement to determine how much of the basement area was livable space. He said this issue is minor compared to other areas of the proposal. Mr. Traniello reviewed the area of the bylaw regarding parking requirements for an accessory apartment and said he thinks it applies to additional parking and not the parking that has always been there. Attorney Conway asked for a brief recess so he could have a discussion with the Applicants and then they returned to the meeting. Mr. Caouette reviewed exactly what the Board should be considering and not considering regarding the proposal so everyone is clear. There was considerable discussion regarding relief from Subsection E of the Accessory Apartment Bylaw and the Building Inspector wanted the Board to specifically address this because he had a valid concern that maybe this was not addressed. Attorney Conway asked for another brief recess so he could have a discussion with the Applicants and then they returned. Attorney Conway said his client wanted to withdraw his application without prejudice. On a motion by Erik Hagstrom, seconded by David Traniello, the Zoning Board of Appeals moved to withdraw the motion for a vote that was on the floor. The vote was 5 -0 -0 (Hagstrom, Redfern, Caouette, Traniello, Jarema). On a motion by David Traniello, seconded by John Jarema, the Zoning Board of Appeals moved to accept the Applicants request to withdraw without prejudice. The vote was 5 -0 -0 (Hagstrom, Redfern, Caouette, Traniello, Jarema) Minutes On a motion by Damase Caouette, seconded by John Jarema, the Zoning Board of Appeals moved to approve the minutes of May 15, 2014. The vote was 5 -0 -0 (Hagstrom, Redfem, Caouette, Traniello, Internal. Page 1 3 �y OiR ° Town of Reading .i� Meeting Minutes On a motion by David Traniello, seconded by Erik Hagstrom, the Zoning Board of Appeals moved to approve the minutes of May 22, 2014. The vote was 5 -0 -0 (Hagstrom, Redfem, Caouette, Traniello, Jarema). On a motion by John Jarema, seconded by David Traniello, the Zoning Board of Appeals moved to approve the minutes of June 19, 2014. The vote was 5 -0 -0 (Hagstrom, Redfem, Caouette, Traniello, Jarema). Other Business: ZAC Report David Traniello said the recent draft section was changed significantly so we will have his report on the next scheduled meeting on August 17 and he will make sure the Board receives this update very soon. The draft will be presented to the BOS next Thursday but the ZBA will have time to make any comments before it is finalized. Adjournment On a motion by David Traniello, seconded by Damase Caouette, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 5 -0 -0 (Hagstrom, Redfem, Caouette, Traniello, Jarema). Page 1 4