HomeMy WebLinkAbout2014-10-16 Zoning Board of Appeals MinutesTown of Reading
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Board - Committee - Commission - Council:
2014 DEC 10 A 124
Zoning Board of Appeals
Date: 2014 -10 -16 Time:
7:00 PM
Building: Reading Town Hall Location: Selectmen Meeting Room
Address: 16 Lowell Street
Purpose: General Business
Attendees: - Members - Present:
Robert Redfern, Chairman, Damase Caouette, John Jarema, Kathleen
Hackett, David Traniello
Members - Not Present:
Erik Hagstrom, Glen Redmond
Others Present:
Minutes Respectfully Submitted By: Maureen Knight
on behalf of Robert Redfern.
Topics of Discussion:
Case # 14 -18
The Zoning Board of Appeals will hold a Public Hearing on the petition of LCB Senior Living,
LLC who seeks a Special Permit under Section 4.7.3c of the zoning bylaws in order to install a
municipal building reuse sign on the property located at 75 Pearl Street in Reading,
Massachusetts.
Ted Doyle stated the assisting living residence was purchased and renamed The Residence at
Pearl Street. The property now has a temporary sign and they would like to install a permanent
sign for identification. The sign conforms to the Town Bylaws and has been approved by the
Historical Commission.
The Chairman read the submitted comments from the Building Inspector.
Mr. Traniello requested that the application be amended because the wrong section of 4.7.3 was
cited, it should be 3e not 3c. He stated the hearing should proceed under the correct section.
Mr. Caouette questioned what typeface the sign would be and Mr. Doyle stated the sign will be
in block print and not cursive because the temporary sign has cursive and it is difficult to read
from the street This will be the only sign for the building.
The Chairman confirmed the sign meets the regulations and is less than 15 square feet in area.
The Chairman opened the hearing for public comment.
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Mr. Flaherty, a neighborhood resident, questioned the notice he received regarding the public
hearing and wanted to know if it was for a reuse of a public building or a sign. The Chairman
explained the error and said it is for a reuse of a sign.
The Chairman closed public comment.
On a motion made by Ms. Hackett, seconded by Mr. Traniello, the Zoning Board of Appeals
moved to grant the Applicant's request for a Special Permit under Section 4.7.3e of the zoning
bylaws in order to install a municipal building reuse sign on the property as shown on the two
page document prepared by GenSign.
Vote was 5 -0 -0 (Traniello, Jarema, Redfem, Caouette, Hackett).
Case # 14 -19
The Zoning Board of Appeals will hold a Public Hearing on the petition of Anthony Leo who
seeks a Variance under Section 5.0 / 5.1.2 of the zoning bylaws in order to construct an addition
24' x 40' with a proposed side yard setback of 3.3' rather than the required side yard setback of
15' on the property located at 18 Shady Hill Lane in Reading, Massachusetts.
The Applicant, Anthony Leo, presented his proposal under Section 5.1 of the Zoning Bylaws. He
thought he has met the 4 criteria required and would answer any questions or concerns to the best
of his ability.
The Chairman read the memo submitted on the proposal to the Board by the Building Inspector.
Mr. Caouette stated it is a good size addition on a small lot. He couldn't disagree with the lot
being difficult to build on in any direction. He questioned the financial burden. The addition
would be very close to the lot line of the abutter. He suggested an "L" shape addition that would
give more of a setback.
Mr. Leo said he approached the abutter regarding the addition and the abutter had no
disagreement or concerns. Mr. Leo did not get a letter from the abutter to submit to the Board.
Mr. Jarema agreed it was a substantial addition and that it encroaches on 3 and 1/3 of the
property line. The arguments were hard to agree with and the Variance request does not address
cost factors. He questioned if alternatives were looked at, the size of the 24' x 18' great room,
and if all 4 criteria were met.
Mr. Leo said he did look at the back of the property but the back has a septic system and a deck.
The hill in the back of the house would cause more fmancial burden and the kitchen would have
to be redone. The other side of the house has a Town easement and moving the addition back did
not fit into the neighborhood.
The Chairman stated if the building addition was within the envelope a Variance would not be
needed. He suggested the homeowner hook up to Town sewer and talk to the abutter about
purchasing a piece of his lot.
Mr. Traniello discussed the lot shape and Variance criteria. He reminded the Board they only
needed to make sure that the 4 criteria were met and suggesting options were not part of the
Board's responsibility.
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The Chairman opened the hearing for public comment
Richard Quaglia, of 20 Locust Street, said the neighbors are in favor of this addition. The lots in
the neighborhood are odd shaped. He thought the Leo family were good neighbors, should not
have to move in order to add to their growing family, and he would like the Board to approve the
request.
The Chairman closed the hearing for public comment.
Mr. Jarema stated all 4 criteria must be met. He explained to Mr. Leo the options available: to
withdraw without prejudice, ask for a continuation to have more time to look into other options,
or have the Board make a motion. Mr. Leo wanted the Board to make a motion and vote.
On a motion by Mr. Traniello, seconded by Mr. Jarema, the Zoning Board of Appeals moved to
grant the petitioner's request for a Variance from Sections 5.1/5.1.2 of the zoning bylaws in
order to construct an addition measuring 24' x 40' with a proposed side yard setback of 3 and
1/3' rather than the 15' side yard setback on the property.
Vote was 0 -5 -0 (Traniello, Jarema, Redfem, Caouette, Hackett).
Case #14 -20
A Public Hearing on the petition of Kieran O'Sullivan who seeks a Variance under Section 5.0 /
5.1.2 of the zoning bylaws in order to add a two car garage to the left side with a proposed
setback of 10.3' rather than the 15' required, as per plans submitted, on the property located at 31
Curtis Street in Reading, Massachusetts.
Ms. Hackett recused herself because she knew the Applicant.
Jack Sullivan of Sullivan Engineering presented the proposal to the Board. He discussed the
garage location and reviewed the criteria needed for a Variance. He stated that the property
borders on vegetated wetlands, they have looked into other options, 20 neighbors have sent
letters of support, and the owner could construct a detached garage by right.
Mr. O'Sullivan thanked the Board and complimented the Building Inspector and Zoning Clerk
on their help with this application. He stated he had worked with a neighbor on Walnut Street
who had concerns the garage would cause flooding so he is now installing a drywell. He would
like the garage to be able to store not only his 2 automobiles but yard equipment and children's
toys and equipment also. The top of the garage will remain unfinished at this time. There will be
a gambrel roof that fits in with the neighborhood.
The Chairman let the petitioner know that since Ms. Hackett recused herself, and there were just
4 members voting, it must be a unanimous vote. He said the Applicant could continue the
hearing until there were 5 voting members, or they could go ahead with the vote by the four
members present.
The Chairman read the Building Inspectors comments.
Mr. Traniello questioned the first criteria. He asked if the garage location could be moved. Mr.
Kieran said moving the garage forward would cause the neighbor across the street to have
concerns.
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Mr. Jarema said the topography problem with the lot is the conservation areas. He suggested
removing the breezeway and making a detached garage. He stated a Variance is difficult to get
and there are other options that could be considered.
Mr. Caouette said he visited the property and several homes in the area have 2 car garages. He
questioned why the size of garage is needed. Mr. Kieran restated that he needed space for 2 cars,
yard equipment, and children's toys and equipment.
The Chairman said homeowners need to live within their constraints. And he questioned why the
dimensions on the plot plan are off.
There were no public comments.
Mr. Caouette said the Certified Plot Plan needs to be revised. Mr. Sullivan requested a
continuation to do this.
On a motion by Damase Caouette, . seconded by John Jarema, the Zoning Board of Appeals
moved to continue the hearing to November 6, 2014 at the petitioner's request.
Vote was 4 -0 -0 ( Traniello, Jarema, Redfem, Caouette).
Other Business
ZAC Report
Mr. Traniello apologized to the Chairman for not letting the Board know in advance that there
was going to be a ZAC report on the agenda. He said at the last official ZAC meeting it was
asked that Boards and Commissions vote in support of the Zoning update, Article 8, for
Subsequent Town Meeting.
Mr. Traniello reiterated what passed and did not pass at the last Town Meeting. He went on to let
the Board know what is in Article 8. He said the Town Manager asked that the vote be done
before the warrants go to the printer. He said supporting the Article would carry weight since the
Board enforces the zoning bylaws.
The Chairman asked for an informal poll.
Ms. Hackett agreed the ZBA should support the Zoning changes.
Mr. Jarema said it should not be up to ZBA to approve or disapprove the changes to the bylaws
but to just to enforce them. The Board has never before been asked to support any bylaw
changes. He does commend the work that was done by the Town to revamp them.
The Chairman said he hasn't seen the new bylaws but supports the revamping of them.
Mr. Caouette said he scanned through them and they look good and it should be easier to enforce
them. He questioned the administration section: it said the Board should have 3 members and 2
associates. The current definition has 5 members and 2 associates. Mr. Traniello will follow up
with this concern.
On a motion by David Traniello, seconded by Damase Caouette, the Board supports Article 8 for
Town Meeting starting on November 10.
Page 14
Vote was 4 -1 -0 (Traniello, Caouette, Redfern, and Hackett in favor) (Jarema against).
Minutes
August 21, 2014
On a motion by Mr. Traniello, seconded by Mr. Caouette, the Zoning Board of Appeals moved
to accept the minutes of August 21, 2014 as amended.
Vote was 5 -0 -0 (Traniello, Jarema, Redfern, Caouette, Hackett).
September 4, 2014
On a motion by Mr. Caouette, seconded by Mr. Jarema, the Zoning Board of Appeals moved to
accept the minutes of September 4, 2014 as amended.
Vote was 5 -0 -0 (Traniello, Jarema, Redfern, Caouette, Hackett).
September 1S, 2014
On a motion by Mr. Traniello, seconded by Ms. Hackett, the Zoning Board of Appeals moved to
accept the minutes of September 8, 2014.
Vote was 5 -0 -0 (Traniello, Jarema, Redfern, Caouette, Hackett).
Adjournment
On a motion by Mr. Traniello, seconded by Ms. Hackett, the Zoning Board of Appeals moved to
adjourn the meeting at 9:15 p.m.
Vote was 5 -0 -0 (Traniello, Jarema, Redfern, Caouette
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