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HomeMy WebLinkAbout2017-08-03 Zoning Board of Appeals MinutesTown of Reading Meeting Minutes TO- 'A CLE?K Board - Committee - Commission - Council: Zoning Board of Appeals tQii 2 A`I Date: 2017-08-03 Time: 7:00 PM Building: Reading Town Hall Address: 16 Lowell Street Purpose: Public Hearing Attendees: Members - Present: David Traniello, Chairman John Jarema Robert Redfern Cy Caouette Erik Hagstrom Members - Not Present: Nick Pernice Others Present: Alice Beltran Rodman Noah Rodman Judy Smith Skip Hoyt Location: Selectmen Meeting Room Session: Minutes Respectfully Submitted By: Kim M Saunders Topics of Discussion: Chairman Traniello called the meeting to order at 7:00 PM Case # 17-06 - 364 Lowell Street The Zoning Board of Appeals held a Public Hearing in the Selectmen's Meeting Room at Town Hall, 16 Lowell Street, Reading, Massachusetts on the application of William F. Crowley on behalf of Jamieson Properties, LLC, pursuant to M.G.L. Ch. 40A §6 for Variances from Reading Zoning Bylaw Section 6.3 under Required Side Yard in the S-15 Zoning District, for an existing house and a proposed garage relative to a lot line created by an approved Definitive Subdivision Plan, on property located at 364 Lowell Street in Reading, Massachusetts. Mr. Traniello said at the request of the Applicant, the public hearing will be continued to August 17, 2017. On a motion made by Mr. Jarema, seconded by Mr. Redfern, the Zoning Board of Appeals moved to continue case #17-06 to August 17, 2017. Vote was 5-0-0 (Traniello, Jarema, Caouette, Redfern, Hagstrom) Case # 17-07 - 29 Gardner Road The Zoning Board of Appeals held a Public Hearing in the Selectmen's Meeting Room at Town Hall, 16 Lowell Street, Reading, Massachusetts on the application of Alice Beltran Rodman, pursuant to M.G.L. Ch. 40A §9 for a Special Permit under Reading Zoning Bylaw Section 5.4.7 for an existing detached accessory apartment (where the 1957 Variance for said accessory apartment ran with the prior owner and has expired), and pursuant to M.G.L. Ch. 40A §6 for a Variance from Reading Zoning Bylaw Section 5.4.7.3b to allow the existing detached accessory apartment to exceed the current gross floor area minimum, on property located at 29 Gardner Road in Reading, Massachusetts Page 1 1 Mr. Noah Rodman the husband of Alice Beltran Rodman gave a brief explanation on why the Applicant is seeking a Special Permit and Variance from the Board. A previous owner of 29 Gardner Road was granted a Variance from the Zoning Board of Appeals in 1957 to allow the existing detached accessory apartment to be utilized until the owner passed away. He explained in 2013 the Board denied the Applicant her request to amend the Decision issued in 1957 to extend the Special Permit to Mrs. Rodman. The Zoning Bylaw has changed since 2013 and now allows the Board to issue a Special Permit for detached accessory apartments. Mr. Rodman continued, he said the Applicant is seeking a Variance due to the square footage of the accessory apartment being over the allowed 1/3 of the main dwelling or 1,000 square feet. The main dwelling at 29 Gardner Road is 1,668 square feet, and the accessory apartment 610 square feet. Mr. Traniello read the email from Glen Redmond the Zoning Officer noting the calculations of the accessory apartment. Mr. Redfern asked the status of the accessory apartment and if there were tenants. Mrs. Rodman replied her in-laws are currently living there. She gave history on when she bought the property, it was too late to rescind her offer on the home when she found out the Variance expired on the accessory apartment. The previous owner renegotiated the price excluding the accessory apartment. Mrs. Rodman added she didn't realize how difficult it is to be granted a Variance by the Zoning Board of Appeals. Mr. Redfern said he was in support of the Special Permit for the accessory apartment, but had a concern with the Variance. Mr. Jarema questioned the lot coverage, and asked about the pool on the property. Mr. Rodman replied the pool has been removed. Mrs. Rodman said the shed and garage were pre-existing when she bought the property. Mr. Jarema asked for feedback on the litigation of the appeal when the Board denied the 2013 Variance amendment. Mr. Traniello summarized the Court agreed with the Town, and the Summary Judgement was denied ending the appeal. Mr. Jarema said he had concern with the Variance request almost 20% beyond what is permitted in the new Zoning Bylaw for accessory apartments. Mrs. Rodman said Mr. Redmond reviewed and agreed it is 11% over what is allowed. Mr. Caouette questioned if the accessory apartment has been occupied since 1961. Mrs. Rodman replied the previous owner lived there. Mr. Redfern commented the Variance granted in 1957 is peculiar since it was based on use not on the property. He added since 1961 there has been no legal right to use the building. Mr. Traniello agreed the Variance is unique under the performance standards Mr. Caouette questioned why the numbers on the plot plan do not match Mr. Redmond's calculations. Mrs. Rodman explained after speaking to Mr. Redmond, the plot plan was updated with the footprint of the dwellings; the numbers do not include the interior. Mr. Caouette expressed his concern with the discrepancy in the numbers submitted in the application. Mr. Hagstrom questioned if the difference in the numbers are significant. He said the Variance issued in 1957 was poorly written and has expired. The accessory apartment is a non -conforming illegal use. Mr. Hagstrom commented he agreed with the Applicant's request. Mr. Traniello said, other than the discrepancy in the plot plan, the Applicant has met all requirements for a Special Permit. He stated his concern is with the Variance request, and if the performance criteria allows a Variance. Mr. Traniello went through the criteria required for a Variance, and gave his opinion how the application meets the performance standards Mr. Traniello opened the meeting to the public Page 1 2 Ms. Judy Smith from 27 Gardner Road expressed her concern about the existing dwelling only having one egress. Mr. Rodman replied he is aware a second egress is required. Mrs. Rodman said currently you can step out a window to exit the dwelling, but will put in a proper egress. Ms. Smith informed the Board a former Building Inspector approved renovations to the accessory apartment in 1970. Mr. Cartlon Hoyt from 12 Ide Street stated he shares a driveway with the Applicant, he currently allows them to park one vehicle on his property. He has concerns with the Board allowing the accessory apartment. Mr. Traniello read the letter from Mr. Hoyt that was submitted prior to the meeting. The letter stated he agreed to continue allowing the Rodman's to park a vehicle on his property. Mr. Hoyt explained after talking to his lawyer, he is rescinding this offer. The Board discussed parking requirements with the Applicant. Mrs. Rodman clarified she has the right to park two vehicles on her driveway, and another vehicle can park in the garage. She said if necessary they will limit renting to a tenant with a vehicle. Ms. Smith informed the Board the property is for sale. Mr. Traniello commented the sale is not relevant to the application. Mr. Hoyt commented his concerns are with future tenants. Mrs. Rodman said she would like to make the apartment legal, and suggested a condition be added to the Decision in regards to the parking. Mr. Traniello closed the meeting to the public. Mr. Redfern expressed his concern with the outstanding questions on the case. He said the plot plan does not show the parking; and there is a discrepancy in the numbers submitted on the plot plan, sketches and email from Mr. Redmond. Mr. Redfern questioned if there is a legal document recorded on the shared driveway. Mr. Hoyt replied the property line ends in the middle of the driveway. Mr. Redfern stated the accessory apartment does not meet side -yard setbacks. Mr. Traniello questioned if the use of an accessory building triggers the setbacks. Mr. Jarema asked the Applicant to clarify with Mr. Redmond the required side -yard setback. Mr. Traniello stated the application is not complete to render a Decision tonight. The plot plan needs to be updated showing dimensions and parking, and the side -yard setback needs to be clarified. Mr. Caouette questioned if the first criteria for a Variance needs to be justified. Mr. Jarema requested Town Counsel review the case and give an opinion on legalizing the accessory apartment. Mr. Traniello suggested Mr. Redfern draft a question for Town Counsel and forward it to him. After the discussion, Mr. Rodman requested the public hearing be continued. On a motion made by Mr. Redfern, seconded by Mr. Caouette, the Zoning Board of Appeals moved to continue the public hearing to September 7, 2017. Mrs. Rodman asked if Town Counsel can clarify if the accessory apartment is a legal non -conforming structure due to the years it was occupied. Vote was 5-0-0 (Traniello, Jarema, Caouette, Redfern, Hagstrom) Mr. Traniello requested Ms. Mercier the Community Development Director to communicate with the Applicant if Town Counsel can't give an opinion by September 7, 2017. Minutes April 20, 2017 Page 1 3 On a motion made by Mr. Redfern, seconded by Mr. Jarema, the Zoning Board of Appeals moved to approve the minutes as amended Vote was 5-0-0 (Traniello, Jarema, Caouette, Redfern, Hagstrom). May 18, 2017 On a motion made by Mr. Jarema, seconded by Mr. Caouette, the Zoning Board of Appeals moved to approve the minutes as amended Vote was 5-0-0 (Traniello, Jarema, Caouette, Redfern, Hagstrom). June 15, 2017 On a motion made by Mr. Redfern, seconded by Mr. Jarema, the Zoning Board of Appeals moved to approve the minutes. Vote was 5-0-0 (Traniello, Jarema, Caouette, Redfern, Hagstrom). July 6, 2017 On a motion made by Mr. Caouette, seconded by Mr. Hagstrom, the Zoning Board of Appeals moved to approve the minutes as amended Vote was 5-0-0 (Traniello, Jarema, Caouette, Redfern, Hagstrom). July 20, 2017 On a motion made by Mr. Redfern, seconded by Mr. Jarema, the Zoning Board of Appeals moved to approve the minutes as amended. Vote was 5-0-0 (Traniello, Jarema, Caouette, Redfern, Hagstrom) Other Business Mr. Traniello informed the Board the Town hired an Administrative Specialist. The Administrative Specialist will be the Zoning Board of Appeals Town contact. He added Ms. Mercier would like to implement changing the meetings to Wednesday nights starting in October. Adjournment On a motion made by Mr. Caouette, seconded by Mr. Jarema, the Zoning Board of Appeals moved to adjourn the meeting at 8: 50 p.m. Vote was 5-0-0 (Traniello, Jarema, Caouette, Redfern, Hagstrom). Page 14