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HomeMy WebLinkAbout2015-08-20 Zoning Board of Appeals MinutesTown of Reading Meeting Minutes � To EtEG N E.CL.DRK ,�s ►xcOS4°pw W READING, MASS. Board - Committee - Commission - Council: Zoning Board of Appeals 6 I`i r A 143, Date: 2015 -08 -20 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: General Business Session: General Session Attendees: Members - Present: Robert Redfern, Damase Caouette, John Jarema, Erik Hagstrom Members - Not Present: Kathleen Hackett, David Traniello, Glen Redmond Others Present: Minutes Respectfully Submitted By: Kim Saunders Topics of Discussion: Mr. Redfern opened the meeting at 7:00 p.m. CASE #15 -07 The Zoning Board of Appeals held a Public Hearing on the petition of Janet Forbes -Scott and Kevin Scott who seek a Special Permit under 7.3.2 of the zoning bylaws in order to construct a front porch 18'x 6' with a right side line of 14.6' rather than the 15' required side yard on the property located at 52 Pearl Street in Reading, Massachusetts. Ms. Twomey represented the property owners. She said they would like to add a farmer's porch. She stated in order to miss the molding around the front door the porch would need to be extended. Mr. Redfern read Mr. Redmond's email in regards to the request. Mr. Traniello asked why the design needed to encroach into the setbacks. Ms. Twomey said it was to avoid impacting the molding around the front door. Mr. Jarema asked about the addition to the rear of the dwelling. Ms. Twomey said it was already done 4 years ago. The property owner is requesting the farmer's porch only. Mr. Caouette said the project is very straight forward. The majority of the neighboring properties have a farmer porch. Mr. Redfern opened the meeting to the public. Page 1 1 r Ms. Ciregna of 48 Pearl Street said she is in favor of the project and the farmer's porch would be a wonderful addition. On a motion by Mr. Traniello, seconded by Mr. Jarema, the Zoning Boards of Appeals moved to grant a Special Permit to Janet Forbes -Scott and Kevin Scott under section 7.3.2 of the zoning bylaws in order to construct a front porch 18' x 6' with a right side line setback of 14.6' rather than the required 15' foot side yard setback on the property as reflected in and consistent with the Certified Plot Plan prepared and stamped by Stephen M. Melesciuc, Professional Land Surveyor, 23 Fosters Lane, Wakefield, MA, on July 29, 2015; and Architectural and Elevation Plans. Pages 1 through 5, prepared by Twomey Design, 23 California Street, Reading, MA, dated July 26, 2015. The Special Permit is conditioned upon 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. Vote was 5- 0- 0(Redfern, Traniello, Jarema, Caouette, Hackett). CASE # 15 -06 The Zoning Board of Appeals opened the postponed Public Hearing on the petition of Jack Sullivan, PE, who seeks a Variance under Section 6.2.1(b) lot shape of the zoning bylaw in order to subdivide the property into two lots; one buildable and one non - buildable on the property located at 116 Van Norden Road in Reading, Massachusetts. This lot is located in 5 -20 District. Mr. Sullivan thanked the Zoning Board of Appeals for allowing him to explain the confusion of the ownership of the property. Due to an email he received from the Town of Reading, he thought the Board was going to open the Public Hearing, close the Public Hearing, and deny the petition. Mr. Redfern said the petition could be withdrawn without prejudice. This will allow the issue to be researched and the owner can come back to the Zoning Board of Appeals. Mr. Sullivan agreed that this would allow the case to come back without the 2 year waiting period. Mr. Traniello said the Board was informed that the land is owned by the Town of Reading. He said until the ownership matter is cleared up, Mr. Sullivan has no standing to petition the Board. He explained why the petition should be voted on and denied as lack of standing. The decision can be appealed. Ms. Hackett agreed that the standing is the issue and also agreed the Board should go by the advice from Town Counsel. Page 1 2 Mr. Jarema discussed the second option from Town Counsel. Mr. Caouette agreed with Mr. Jarema and said the application has been on the agenda for a little while. He questioned why the ownership was not brought up before today. Mr. Sullivan reiterated he did not think he was going to be allowed to speak. His preference would allow the owner, Mr. Boni, to solve his problems with the Town and then come back in before the Zoning Board of Appeals. On a motion by Mr. Jarema, seconded by Mr. Caouette, the Zoning Board of Appeals moved to allow the petition to be withdrawn without prejudice for ZBA Case #15 -06 with the understanding that the Board felt it was the easiest way to solve the issue at this point in time. Vote was 4 -1 -0 (Redfern, Caouette, Jarema, and Hackett in favor and Traniello opposed). OTHER BUSINESS Re: 116 Lowell Street (Historical Property) Mr. Redfern stated that after a meeting with Ms. Adams, Mr. Barnes and Ms. Wilson, Director of Community Development, he suggested that the Historical Commission come to the Zoning Board of Appeals in regards to the property located at 116 Lowell Street. Mr. Johnson, owner of the property, said the Historical Commission voted for a demolition delay. He planned on tearing down the present dwelling and filing for an ANR. After hearing the history of the property, he looked into options to save the dwelling, but hit a dead end. - The Building Inspector met Mr. Johnson at the property. He agreed there were 8 rooms, but did not agree the rooms were original before 1942 (as stated in the bylaw). Mr. Johnson asked the Board for direction and if they would give approval for the historic dwelling to be moved to a new lot and restored. Then a duplex would be built on the lot located at 116 Lowell Street. Ms. Adams discussed the history of the property. She said the addition is not on the same foundation, but the Town Assessing Department records show it as an 8 room dwelling. Mr. Barnes presented arguments and facts on why the dwelling should be restored and not demolished. He said the Building Department does not show any permits issued to construct the "L ". However, there are other permits in the building jacket. Mr. Barnes did show a plot plan dated February 1946 that does not show the "L ". He referenced the Variance granted for the historic property at 172 Washington Street. Mr. Redfern said a duplex would only be allowed if an 8 room structure was present before 1942. He said he supports retention for an historic structure if the bylaw allows it. The 1946 plan has precedent. Mr. Jarema said this request has a fair amount of time to go through a Town process. An ANR needs approval from the Community Planning and Development Commission. Mr. Traniello said there is not a petition before the Board and they are not able to support, or not support, the request. Page 1 3 r Ms. Adams said the census shows four people living there in 1942 with different last names. She stated her concern with a 6 month delay not allowing a sufficient period of time to investigate options. Mr. Traniello questioned if the right of building can be transferred to a new dwelling. Historical Commission adjourned. Re- organization After a discussion, it was agreed Mr. Redfern would retain being the Zoning Board of Appeals Chairman for 2015 -2016. Motion made by Mr. Caouette, seconded by Ms. Hackett, to approve Mr. Redfern as Chairman, Mr. Traniello as Vice Chairman. Vote was 5 -0 -0 (Redfern, Traniello, Jarema, Caouette, Hackett). Adjournment On a motion by Mr. Traniello, seconded by Mr. Caouette, the Zoning Board of Appeals moved to adjourn the meeting at 8:50 p.m. Vote was 5 -0 -0 (Redfern, Traniello, Jarema, Caouette, Hackett). Page 1 4