HomeMy WebLinkAbout2015-03-05 Zoning Board of Appeals Minutese Town of Reading
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Board - Committee - Commission - Council: 1015 APR -1 P 4: 13
Zoning Board of Appeals
Date: 2015 -03 -05 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, Damage Caouette, John Jarema, Kathleen
Hackett, David Traniello
Members - Not Present:
Erik Hagstrom, Glen Redmond
Others Present:
Kim Saunders, Recording Secretary
Minutes Respectfully Submitted By: Maureen Knight on behalf of Robert Redfern.
Topics of Discussion:
Case # 15 -03
The Zoning Board of Appeals held a Public Hearing on the petition of Joshua Fiedler who seeks
a Variance /Appeal from a decision of the Building Inspector under Section 5.2.3.2/7.4.2.1 of the
zoning bylaws in order to construct an extension of a structure that resembles an overhang on the
property located at 15 Bear Hill Road in Reading, Massachusetts. The proposed
overhang/structure encroaches into the required side yard setback of 15'.
Mr. Fiedler represented the property owners. He presented to the Board a rendered elevation
plan and proceeded to describe the project. He stated he is asking the Board to approve an
additional overhang. He said the purpose of the proposed overhang is to block the sunlight from
the windows of the dwelling. He commented the overhang is less intrusive than an eave which is
allowed.
Mr. Traniello said if the Board agrees with the Building Inspector's decision, the Applicant
would need to file for a Variance. If the Board does not agree, then a variance will not be
needed. The Board concurred.
The Chairman read the Building Permit Review that was forwarded from the Building Inspector.
Mr. Traniello asked if the Applicant had intentions of utilizing the overhang as part of a porch in
the future.
Ms. Hackett agreed the overhang encroaches in the 15' setback
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Mr. Jarema questioned why the applicant is requesting an overhang and not just using modern
technology on reflecting the sun from coming into the south side of the house.
Mr. Theis, owner of 15 Bear Hill Road, explained the architectural detail. He stated the
overhang would break up the mass of the addition. Ms. Orsmond, co -owner of 15 Bear Hill
Road, explained further why the addition was done.
The Chairman said he can understand the decision of the Building Inspector not to issue a
building permit. The overhang does not fall under what is allowed by the Town zoning bylaws.
On a motion made by Mr. Traniello, seconded by Mr. Jarema, the Zoning Board of Appeals
moved to uphold the decision of the Building Inspector by upholding the February 19, 2015
denial of a building permit.
The vote was 4 -1 -0 (Traniello, Jarema, Redfern and Hackett in favor, Caouette opposed)
Mr. Fiedler reviewed the four criteria required in order to be granted a Variance.
Mr. Caouette questioned criteria two. He also asked how large a problem would the sun be on
the south side of the house.
Mr. Theis explained a good portion of the sun angles into the south side.
Mr. Caouette questioned what the applicant would do if the Board does not approve the
overhang. He stated he was at the property and the project is quite advanced. Mr. Fiedler said
the contractor will just cut off the overhang if not approved.
Mr. Caouette also stated that the plot plan is not 100% correct. The dimensions do not add up.
Mr. Jarema said the overhang would be a 10% increase. Looking at the neighborhood, the
overhang would be pushing the envelope. He commented that contractors use the sun coming in
a window as a selling point. He also stated shading is available to reflect the sun.
The Chairman questioned criteria 2 and if hardship had been proven.
An associate to Mr. Fiedler explained that the owners did not want to install an air conditioning
system. Installing air conditioning could be a financial hardship. The overhang should be
compared to decorative molding and not an eave.
Mr. Fielder agreed and said the overhang would allow balance in the winter and summer months..
He said the overhang will not be seen from the front of the property and the side will be minimal.
The Chairman opened the discussion to the public
Mr. Theis said he talked to his neighbors and there were no concerns from them.
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Ms. Olson questioned why an overhang is not allowed in a setback. She understands if it had a
floor. The Board explained the bylaw.
The Board discussed if the plot plan should be corrected before a vote.
On a motion by Mr. Traniello, seconded by Mr. Jarema, the Zoning Board of Appeals moved to
uphold the decision of the Building Inspector.
Vote was 4 -1 -0 ( Caouette opposed, Traniello, Jarema, Redfern, Hackett approved on a motion
for a Variance).
Adjournment
On a motion by Mr. Caouette, seconded by Mr. Traniello, the Zoning Board of Appeals moved
to adjourn the meeting at 8:10 p.m.
The vote was 5 -0 -0 ( Traniello, Jarema, Redfem, Caouette and Hackett).
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