No preview available
HomeMy WebLinkAbout2017-07-06 Zoning Board of Appeals MinutesOF Fq, r� Town of Reading ~r Meeting Minutes L; .'L Y it d � T.'i? C� -i K 9. rxc°A9°a i r . ►a r� C . Board - Committee - Commission - Council: Zoning Board of Appeals 1011 AUG -I A <� 2 ' Date: 2017-07-06 Time: 7:00 PM Building: .Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: Public Hearing Session: Attendees: Members - Present: David Traniello, Chairman John Jarema Cy Caouette Robert Redfern Erik Hagstrom Nick Pernice Members - Not Present: Others Present: David Vivilecchia Ramzi Hanania Allissa & Evan Gallegos Richard Bova Jim & Carol Anderson Michael Modoono Town Representatives: Chris Heep, Town Counsel Reading Equitable Housing 40B Development Team: Attorney Joshua Latham, Latham Law Offices, LLC Mike Sullivan, Owner Minutes Respectfully Submitted By: Kim M Saunders Topics of Discussion: Chairman Traniello called the meeting to order at 7:04 PM Chairman Traniello stated the agenda will be heard out of order. Case # 17-05 The Zoning Board of Appeals held a Public Hearing in the Selectmen's Meeting Room at Town Hall, 16 Lowell Street, Reading, Massachusetts on Thursday, July 6, 2017 at 7:00 PM on the petition of Alissa & Evan Gallegos who seek a Special Permit under Sections 5.3.2 & 5.4.7.2 of the Zoning Bylaws in order to construct an addition 36' x 46' and to alter the interior of the existing dwelling for the purpose of an accessory apartment on the property located at 320 Lowell Street, Reading, Massachusetts. Page I 1 Ms. Allisa Gallegos introduced her husband Evan and her parents Mr. and Mrs. Anderson. She said the builder Rich Bova is present to answer questions. Ms. Gallegos presented the proposal to the Board. The proposal is to construct an addition and to alter the interior of the existing dwelling to allow for an accessory apartment for her parents. The Conservation Commission has approved, and the Aquifer Protection District (AQP) has been addressed. She worked with the Architect to assure the addition does not change the appearance of a single family dwelling. Chairman Traniello read the email from Glen Redmond the Zoning Officer. He summarized Mr. Redmond's calculations show the accessory apartment is slightly over the zoning bylaw allowable area. Chairman Traniello read an email from Ryan Percival the Town Engineer to Carol Anderson acknowledging the Engineering Department is aware of the proposal and will approve the AQP before a building permit is issued. Mr. Hagstrom questioned if the accessory apartment will have a separate entrance. Mr. Jarema brought forward his conversation with the Building Inspector which he stated concerns with the egress location. Mr. Bova agreed the proposed egress does not meet building code and will need to be moved. Chairman Traniello requested updated plans showing the new location of the egress. Mr. Bova said both he and the Architect did the calculation on the accessory apartment area and the result is less than the Building Inspector. Mr. Jarema commented both calculations are still over the 1/3 allowed. Ms. Anderson suggested a change to the plan that will lessen the accessory apartment area and increase the principal dwelling. Chairman Traniello said the Building Inspector will need to approve and updated plans be submitted to the Board. The Board explained to the Applicant why the plans they approve will need to be submitted for a building permit. Mr. Caouette went through the denial letter from the Building Inspector, and said the outstanding items have been addressed. Ms. Gallegos asked if the Board had any other concerns with the proposal. Mr. Jarema questioned if the intent of the zoning bylaw was to allow the existing dwelling to construct an addition so the 1/3 criteria for an accessory apartment can be expanded. Mr. Redfern gave his opinion the proposal is the exact reason the zoning bylaw was created. Mr. Redfern questioned if the proposed plan meets the criteria of the structure appearing as a single family dwelling. Ms. Gallegos explained the second door seen from the front of the property is the entrance into the mudroom not the accessory apartment. She distributed a colored rendering to the Board showing the front of the dwelling. The Board expressed their opinion on the Town allowing an accessory apartment in single family zoning. Mr. Jarema suggested the Applicant build the addition and then come to the Board for their approval for the accessory apartment. The other Board members disagreed with Mr. Jarema that an addition will need to be constructed first. Mr. Redfern listed the items that need to be addressed by the Applicant. He said the Board needs to be convinced the two entrances in the front of the dwelling are for the principal structure. Mr. Anderson informed the Board, the property used to be two 10,000 square foot lot and they were combined to create one 20,000 square foot lot. Mr. Bova said the owner is willing to do what the Town requires, but is looking for guidance. Page 1 2 Mr. Pernice suggested the Applicant work with the Architect and Building Inspector to update the plans. Chairman Traniello agreed with the other members, the Applicant needs to clarify outstanding items. Chairman Traniello opened the meeting to the public. Mr. Modoono from 313 Lowell Street said he had concerns with the proposal, but now is satisfied. Chairman Traniello closed the meeting to the public. The Applicant agreed to update the plans and continue the meeting until July 20, 2017. On a motion made by Mr. Redfern, seconded by Mr. Caouette, the Zoning Board of Appeals moved to continue Case #17-05 for the property located at 320 Lowell Street until July 20, 2017. Vote was 5-0-0 (Traniello, Jarema, Caouette, Redfern, Hagstrom). Case # 17-02 The Zoning Board of Appeals continued a Public Hearing in the Selectmen's Meeting Room at the Town Hall, 16 Lowell Street, Reading, Massachusetts on Thursday, July 6, 2017 at 7:00 PM on the petition of David Vivilecchia who seeks a Variance under Section 6.0 Table 6.3 of the zoning bylaws in order to add an addition 29.6' x 24.3' (garage) to left side with a setback of 10.0' rather than the required 15.0' as per plan on the property located at 271 Franklin Street, Reading, Massachusetts. Mr. Vivilecchia stated the outstanding concerns brought forward by the Board at the last meeting have been addressed in the supplemental package that was submitted. The plot plan now reflects the Aquifer Protection District calculations, examples of three neighboring properties that were allowed by the Town to construct a garage that do not conform with the 15' side setback, the same three properties comparing the garage to the main principal , and a site plan showing the proposed garage on the right side. He said he received an estimate of $100,000.00 if the garage is built on the right side. The cost is due to a massive retaining wall that would be required. Mr. Pernice said the additional information received from the Mr. Vivilecchia justifies a variance. He acknowledged the cost estimate from the Engineer showing the cost of building the garage on the right side of the property. Mr. Redfern said he had concerns with the variance request adding to the non -conformity. Mr. Caouette gave his opinion a garage could be constructed that would comply with the side yard setback. The Board discussed the three properties referenced in the supplemental package were allowed to construct a garage that encroached into the side yard setback. Mr. Jarema commented each case would need to be read to find out why the Zoning Board of Appeals approved the garage. Mr. Hagstrom agreed each variance is determined case by case. He said the proportion of the proposed garage is a concern. Chairman Traniello recognized the well thought out supplemental package. He said four criteria are required to grant a variance. He added the proposed garage is a large structure in height and width. It is imposing at the street level view. Page 1 3 Mr. Vivilecchia assured the Board the garage would not be unappealing to the neighborhood. Chairman Traniello stated the proposed garage is imposing, not unappealing. Mr. Jarema explained the four criteria that are required to grant a variance. He gave his opinion the first two criteria have not been met. The garage could be constructed without seeking a variance. Mr. Vivilecchia asked how the financial hardship criteria can be met Mr. Caouette said the Board is not insensitive in the precedent set by the three prior cases. He gave his opinion the Applicant has not proved why he would need the size garage that is presented in the plan. Mr. Vivilecchia reminded the Board the proposed garage can't butt up to the existing dwelling due to the chimney. The entry way and mudroom is a part of the proposal. Chairman Traniello opened the meeting to the public, and then closed with no comment. After a discussion with Chairman Traniello, Mr. Vivilecchia requested the Board to vote on his application. On a motion made Mr. Caouette, seconded by Mr. Hagstrom, the Zoning Board of Appeals moved to grant the petitioner the Variance under 6.3 of the zoning bylaw, in order to add a garage addition 29.6x24.3 to the left side with a setback of 10.0' rather than the required 15.0' as per plan on the property located at 271 Franklin Street, Reading, Massachusetts. Vote was 0-5-0 (Traniello, Jarema, Redfern, Hagstrom, Caouette opposed). Case # 17-01 (40113) The Zoning Board of Appeals continued a Public Hearing in the Selectmen's Meeting Room at Reading Town Hall, 16 Lowell Street in Reading, Massachusetts on the petition of Reading Equitable Housing, LLC, who seeks a Comprehensive Permit to develop 20 units of rental housing within an existing 3 -story brick building on a 45,779 square foot residentially -zoned tract of land under Massachusetts General Laws Chapter 40B Sections 20-23, with waivers from zoning requirements, on the property located at 172 Woburn Street (Assessors Map 16, Lot 182) in Reading, Massachusetts. Chairman Traniello confirmed with the Board they had no new feedback in regards to the draft Decision. Attorney Latham said there was nothing new to submit. Chairman Traniello acknowledged the collaborative process from the Applicant with Town staff and Town Counsel. Mr. Heep from Town Counsel informed the Board he will need to update the draft Decision from comments made from the Applicant and MHP. The changes from the Applicant will not affect the details, the changes are editorial. He said the draft Decision reflects three units are local preference. The State dictates the local preference and is requiring there be two units. The affordable units will remain the same. Mr. Pernice asked who made the determination of the 50% of the MIA, and what program was utilized. Attorney Latham said he will research and forward the answer. On a motion made Mr. Jarema, seconded by Mr. Redfern, the Zoning Board of Appeals moved to close Case #17-01 for the property located at 172 Woburn Street. Vote was 5-0-0 (Traniello, Jarema, Redfern, Hagstrom, Caouette). Page 1 4 After a discussion, the Board agreed to review the draft Decision on July 20, 2017. Chairman Traniello reminded the Board members who have missed a meeting for Case #17- 01 to watch the video and file the Mullin Rule paperwork with the Town. He said since Mr. Caouette missed more than one meeting he will not be able to vote, but can review and discuss the draft Decision. Other Business Chairman Traniello reminded Mr. Hagstrom to file to become a full member of the Zoning Board of Appeals. Reorganization Mr. Redfern nominated David Traniello to remain as the chairman for the required one year term. On a motion made Mr. Jarema, seconded by Mr. Hagstrom, the Zoning Board of Appeals moved to nominate David Traniello to remain as the chairman. Vote was 5-0-1 (Jarema, Caouette, Hagstrom, Redfern, Pernice; Traniello abstained). Mr. Traniello nominated John Jarema to remain as the vice-chairman for the required one yearterm. On a motion made Mr. Traniello, seconded by Mr. Hagstrom, the Zoning Board of Appeals moved to nominate John Jarema to remain as the vice-chairman. Vote was 5-0-1 (Traniello, Caouette, Hagstrom, Redfern, Pernice; Jarema abstained). Adiournment On a motion made Mr. Redfern, seconded by Mr. Caouette, the Zoning Board of Appeals moved to adjourn the meeting at 9:05 p.m. Vote was 6-0-0 (Traniello, Jarema, Redfern, Caouette, Hagstrom, Pernice). Documents reviewed at the meeting: ZBA Agenda 07/05/2017 New Information: Accessory Apartment Permit Application w/packet — 320 Lowell Street Updated Supplemental Packet — 271 Franklin Street Draft Decision — 186 Woburn Street Page 1 5