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HomeMy WebLinkAbout2016-11-03 Zoning Board of Appeals MinutesOFR rAn w Town of Reading Meeting Minutes P"LC IVU TOW 14 C! r",K READING. Mr.�SS. Board - Committee - Commission - Council: 1011 APR !g P U- 2q, Zoning Board of Appeals Date: 2016-11-03 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: David Traniello, Chairman John Jarema Damase Caouette Robert Redfern Nick Pernice Members - Not Present: Erik Hagstrom Kathleen Hackett Others Present: Michael Panzero, 78 Essex Street, Middleton Michael Paige, Griffen Engineer Gary & Annmarie Goodspeed, 155 Wakefield Street Matthew Leahy, 40 Torre Street Brad Latham, 643 Main Street Tony D'Arezzo, 130 John Street Craig McKenna 38 Autumn Lane Matt Langis, Phoenix Architect Andrew Jones, Phoenix Architect Tom Bergendahl, 90-92 Green Street Minutes Respectfully Submitted By: Kim Saunders, Recording Secretary Topics of Discussion: Mr. Traniello opened the meeting at 7:00 p.m. Case # 16-15 The Zoning Board of Appeals continued a Public Hearing on petition of Gary & Annmarie Goodspeed who seeks a Variance under Section 5.5 Accessory Buildings of the zoning bylaws in order to construct an in -ground pool and accessory building on the property located at 155 Wakefield Street in Reading, Massachusetts. Mr. Goodspeed briefed the members the reason he is seeking a variance for the cabana. He said it was built two years ago without an approved building permit. He stated he talked with Glen Redmond the Building Inspector, and believes he has clarified the concerns that were brought forward at the last meeting Mr. Redfern agreed the pool meets the required setbacks. Page 1 1 Town of Reading j4 b Meeting Minutes �o /�39' 1.4CONQ��P� Mr. Goodspeed added he became aware of the cabana not meeting setbacks when Mr. Redmond reviewed the pool application. Mr. Jarema agreed the distance between the dwelling and the pool meets the setback requirements. Mr. Redmond measures from the waterline rather than grade deck. He asked if the cabana could be moved since it does not meet the. required setbacks. Mr. Goodspeed answered there is a retaining wall on his property that is not shown on the plot plan. The cabana is as far back as it can get due to the retaining wall. Mr. Pernice questioned if the retaining wall slopes down. Mr. Goodspeed explained why the cabana was built in the current location. Mr. Traniello read an email received from Glen Redmond in regards to this case. Mr. Traniello questioned if the four criteria to grant a variance was met. He said since the cabana is already built, the Board has the choice of given approval of the location or request the owner to move it. Mr. Traniello opened the meeting for public comment. Craig Mckenna of 38 Autumn Lane agreed with Mr. Goodspeed, due to the property sloping there was no other choice on the location of the cabana. Mr. Redfern questioned the foundation of the cabana and if it could be moved. After Mr. Goodspeed described how the cabana was built, Mr. Redfern stated he believes the first criteria were met. Mr. Caouette questioned when Mr. Redmond did a site visit to the property. Mr. Goodspeed said he came before the first meeting. He said at the site visit Mr. Redmond said he had no concerns with the construction. Mr. Jarema gave his opinion the cabana could be made smaller to meet the setback requirements. He stated he is having difficulty with the first criteria. Mr. Goodspeed answered if he sought a permit when he built the cabana; he met the 5' setback requirements. On a motion made by Mr. Redfern, seconded by Mr. Caouette, the Zoning Board of Appeals granted a variance for Case # 16-15 for Gary and Annmarie Goodspeed who sought a variance under section 5.5 Accessory Building of the zoning bylaws in order to construct an accessory building on the property located at 155 Wakefield Street in Reading, MA Vote was 4-1-0 (Redfern, Traniello, Caouette, Pernice in favor; Jarema against) Case # 16-19 Page 1 2 Town of Reading Meeting Minutes The Zoning Board of Appeals held a Public Hearing on the application by O. Bradley Latham, Esq., on behalf of Arborgreen, Inc., pursuant to M.G.L. Ch. 40A §6, for Variances and such other relief the Board deems necessary under Section 6.3 of the Zoning Bylaw to allow use of the property, located at 90-92 Green Street in Reading, Massachusetts, as a four (4) family dwelling. Attorney Brad Latham introduced Mr. Langlis the architect and Mr. Tom Berghendal the owner of 90-92 Green Street. He said the existing building and lot predates zoning. The dwelling is a 5 unit building built in 1920. He described the property and said the building needs work. The owner would like to tear down the existing building and rebuild a 4 unit dwelling. He described the proposed dwelling and property. He listed the percentage of relief that would need to be approved by the Board. He asked the Board for comments and concerns. Mr. Langis from Phoenix Architect reviewed the existing condition of the dwelling. He said the interior would need to be brought up to code, an egress would need to be added and the exterior has significant damage. The alteration is considered a level 3, which is 50% of the structure. He added the proposed building would be structurally sound and be in character in the rest of the neighborhood. Mr. Latham asked the Board to consider the renovation to bring the existing dwelling up to code a basis for hardship. He added Glen stopped the 5`h unit from being rented due to the danger of the egress. Mr. Redfern questioned if the proposed units would be rented or sold. Mr. Berghendal answered he would like to sell, but is hesitant of the real estate market. Mr. Redfern asked about the existing shed in the back of the property. Mr. Berghendal agreed to remove the shed. Mr. Latham distributed a document consistent with the arguments he presented. He added the owner is willing to move back the proposed dwelling. Mr. Redfern agreed the proposal is an improvement to the neighborhood. He questioned if the substantial hardship criteria was met. Mr. Jarema questioned why in 1920 the property was assigned two addresses. He said the proposed project would need a site review. The approval from the CPDC might increase the number of waivers for the variance. He said the proposed gross floor area is 51 %. He said there are a number of issues that need to be resolved in site plan before the ZBA can make a decision. He questioned the parking in the front of the garage, landscape requirements and loading zone. He asked if the Board was premature on trying to make decision. Mr. Latham answered the ZBA would need to approve the location of the building on the lot. He added if relief is granted alternative conditions can be added. He asked the Board to decide before going to the CPDC. Page 1 3 o` OFR' h Town of Reading �,<..Meeting Minutes 6J9; INCOk4OP Mr. Jarema said maximum lot coverage, front, side and rear setback requirements would need to be addressed. He questioned if the Board is moving to quick. The existing structure meets the 25% and the proposed is twice the size. Mr. Caouette asked about the process and which Town Board should approve first. He suggested moving the dwelling back to provide adequate parking. Mr. Pernice gave his opinion the proposal should be approved by the ZBA to see if the use is allowed, then to CPDC for their approval. He questioned why the proposal only has 4 units, when it is a 5 unit building. Mr. Latham answered the objective of the proposal was to find a change that was attractive to the Town Boards. He added 5 units would make the rooms smaller. Mr. Traniello read an email from Mr. Redmond in regards to the case Mr. Traniello reviewed what issues the Board should be addressing. He added parking should be a consideration and should not impact public parking. Mr. Traniello stated the courts do not give guidance from the courts on how to deal with buildings, but the Board should consider serious public safety issues. He said he had concerns with the location of the dwelling, setbacks, lot coverage and parking. Mr. Traniello opened and then closed the Public Comment. The Board discussed if the parking spaces should be 1.5 per unit. Mr. Redfern discussed his concern with the parking. He requested the building be moved back. After the Board expressed their concerns and commented on the proposal, Mr. Latham asked the Board to continue the public hearing. It was agreed the pubic hearing would need to be continued to January 5, 2017. On a motion made by Mr. Caouette, seconded by Mr. Jarema, the Zoning Board of Appeals approved the request to continue the public hearing to January 5, 2017. Vote was 5-0-0 (Traniello, Jarema, Caouette, Redfern, Pernice) Case # 16-20 The Zoning Board of Appeals held a Public Hearing on the petition of MJP Properties Inc. who seek a Variance under Section 6.3 of the zoning bylaws in order to construct an open deck 10' x 12' as per plan with an 11.3' side yard setback rather than the 15.0' (required) on the property located at 43 Track Road in Reading, Massachusetts. Mr. Paige from Griffen Engineering said the petitioner is seeking a variance to construct a 10x12 deck, which would encroach on the setback. He clarified the setback requirement should be 20' not 15' as noted in the notice. Mr. Paige listed the criteria for the variance. He gave his opinion the new dwelling is in character of the neighborhood. Page 1 4 FR o r M + a 's'l9e'Scott', P Town of Reading Meeting Minutes Mr. Pemice asked the height of the deck. He questioned the topography. Mr. Panzero from MJP Properties described the new dwelling and the grade of the property. Mr. Caouette questioned the plot plan that was presented. It was clarified the plot plan showed the existing dwelling that was razed. Mr. Jarema questioned why the deck was not considered in the actual construction of the dwelling. Mr. Panzero answered the future buyers added the deck. Mr. Jarema asked why the deck could not be moved towards the immediate abutter. Mr. Panzero explained the setup of the area. Mr. Jarema stated a dimensional layout would show the completion of the project. He added new construction could be adjusted. Mr. Redfern said he is concerned about the abutter's privacy. The deck is high and is over the existing fence. He questioned if the slider is the secondary access. He gave suggestions to decrease the encroachment. Mr. Traniello read the email from Glen Redmond in regards to the case. Mr. Traniello stated he did not think the four criteria have been met. Mr. Traniello opened the meeting for public comment. Matthew Leahy of 40 Torre Street expressed his concern with the proposed deck. Mr. Traniello closed the meeting for public comment. Mr. Caouette commented the project should have had more thought before razing the structure. Mr. Jarema questioned the 2 n means of egress. He questioned if a variance could be granted with new construction. After Mr. Traniello discussed with the petitioner his options, Mr. Panzo requested the petition to be withdrawn without prejudice. On a motion made by Mr. Caouette, seconded by Mr. Jarema, the Zoning Board of Appeals granted the petitioners request to withdraw the petition without prejudice. Vote 5-0-0 (Redfern, Jarema, Traniello, Hagstrom, Pernice) Other Business Mr. Traniello reminded the Board of the meeting being held on November 10, 2016. Adjournment Page 1 5 aF R yc Town of Reading b Meeting Minutes 6Jg'lYCOR4ORP On a motion by Mr. Redfern, seconded by Mr. Pernice, the Zoning Board of Appeals moved to adjourn the meeting at 8:50 p.m. Vote 5-0-0 (Redfern, Jarema, Traniello, Hagstrom, Pernice) Page 1 6