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HomeMy WebLinkAbout2017-04-20 Zoning Board of Appeals MinutesOWN OFR 4 6J9: 14tORpO�P Town of Reading Meeting Minutes Board - Committee - Commission - Council:1� 1 ,1 (,_� 2 r Zoning Board of Appeals Date: 2017-04-20 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: Public Hearing Attendees: Members - Present: David Traniello, Chairman John Jarema Cy Caouette Robert Redfern Kathleen Hackett Erik Hagstrom Nick Pernice Members - Not Present: Others Present: Session: David Vivilecchia, 271 Franklin Street Joe Lenart, it Mark Avenue Minutes Respectfully Submitted By: Kim M Saunders Topics of Discussion: Meeting called to order at 7:00 PM Case #17-02 The Zoning Board of Appeals held a Public Hearing 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 presented the project to the Board and explained why he was requesting a Variance for the proposed 24x30 single vehicle garage. He would like to have space for his outside storage and to garage a Sports Utility Vehicle. He described his property having a slope on the north side, and the rear not having a great amount of space. If the location was changed to the right side of the property, it would require a new curb cut. The garage will need 6' for the existing chimney. He gave his opinion any other location would not be aesthetically pleasing, and the proposed garage is not out of character of the neighborhood. He presented letters in favor of the project from the immediate abutters. Mr. Redfern said the property is a legal non -conforming lot, but the proposal of the garage does not meet setbacks. He referenced the denial letter from Mr. Glen Redmond the Zoning Enforcement Officer which noted the property is in the Aquifer Protection District (AQP). Mr. Redfern explained to Mr. Vivilecchia why the AQP District should be reflected on the plot plan. He said the proposed garage will create a new non -conforming which a Variance is required. At the request of Mr. Redfern, Mr. Vivilecchia elaborated on the four criteria. For the first criteria, there is a drastic slope and 1/3 of the property can't be used. The property tapers off in the rear, and the lot loses dimension. Page 1 1 'i � L ~ t i{ Board - Committee - Commission - Council:1� 1 ,1 (,_� 2 r Zoning Board of Appeals Date: 2017-04-20 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: Public Hearing Attendees: Members - Present: David Traniello, Chairman John Jarema Cy Caouette Robert Redfern Kathleen Hackett Erik Hagstrom Nick Pernice Members - Not Present: Others Present: Session: David Vivilecchia, 271 Franklin Street Joe Lenart, it Mark Avenue Minutes Respectfully Submitted By: Kim M Saunders Topics of Discussion: Meeting called to order at 7:00 PM Case #17-02 The Zoning Board of Appeals held a Public Hearing 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 presented the project to the Board and explained why he was requesting a Variance for the proposed 24x30 single vehicle garage. He would like to have space for his outside storage and to garage a Sports Utility Vehicle. He described his property having a slope on the north side, and the rear not having a great amount of space. If the location was changed to the right side of the property, it would require a new curb cut. The garage will need 6' for the existing chimney. He gave his opinion any other location would not be aesthetically pleasing, and the proposed garage is not out of character of the neighborhood. He presented letters in favor of the project from the immediate abutters. Mr. Redfern said the property is a legal non -conforming lot, but the proposal of the garage does not meet setbacks. He referenced the denial letter from Mr. Glen Redmond the Zoning Enforcement Officer which noted the property is in the Aquifer Protection District (AQP). Mr. Redfern explained to Mr. Vivilecchia why the AQP District should be reflected on the plot plan. He said the proposed garage will create a new non -conforming which a Variance is required. At the request of Mr. Redfern, Mr. Vivilecchia elaborated on the four criteria. For the first criteria, there is a drastic slope and 1/3 of the property can't be used. The property tapers off in the rear, and the lot loses dimension. Page 1 1 The second criteria, Mr. Vivilecchia said the right side has a retaining wall and ledge that will need to be addressed. He would need a new curb cut. The third criteria, Mr. Vivilecchia said the project is not out of character of the neighborhood. There are garages on Franklin Street that are similar to his proposed garage. The fourth criteria, Mr. Vivelecchia said the proposed garage is not a detriment to the zoning bylaw. Mr. Redfern questioned why the garage width is 24' for a single vehicle. Mr. Vivelecchia explained there is an existing chimney which would need 6'. The size of the garage is adequate for a SUV and storage space. Ms. Hackett agreed the plot plan should reflect the AQP; but agreed with Mr. Vivelecchia the proposed location is most feasible. Mr. Jarema stated he was having difficulty with the first two criteria. He questioned the location of the ledge; and why the proposed garage could not be decreased to meet the 15' setback. He disagreed with Mr. Vivilecchia statement in regards to other properties having similar garages. Mr. Caouette asked how close the existing sheds were to the property line. Mr. Vivlecchia replied he did not know, but one of the shed is proposed to be removed. Mr. Caouette questioned why the garage couldn't be moved a little forward to the front of the property. Mr. Vivelecchia answered if the garage was moved forward to the front of the property the garage would not be flushed to the main dwelling. Mr. Hagstrom requested additional information from Mr. Vivlecchia on why the proposed garage can't be on the right side of the property. He questioned the size of the proposed garage. Mr. Pernice echoed the sentiment of the Board. He agreed with Mr. Vivlecchia when he stated the cellar receives water, and would ruin storage. He questioned the size of the proposed garage compared to the main dwelling. Mr. Traniello explained the importance of the AQP District. He commented he was not sure a sizeable structure in front of the property is in character of the neighborhood. He agreed the plot plan will need to be updated showing the AQP District. Mr. Traniello acknowledged the letters the Board received from the direct abutters who are in favor of the project. Mr. Traniello opened the meeting to the public. Mr. Joel Lenart of 11 Mark Avenue asked for clarification on the AQP District and what should be included. Mr. Traniello recommended Mr. Lenart contact the Building Department to clarify. Mr. Traniello closed the meeting to the public. Mr. Caouette stated the proposed garage is too big; and the AQP District should be addressed. Mr. Redfern agreed the proposed garage location is most feasible. He suggested reducing the size of the garage to eliminate the need for Zoning Board of Appeals approval. Mr. Jarema agreed with the other Board members comments. He cautioned the owner, meeting all four criteria for a Variance is difficult. Mr. Traniello stated the ZBA application is not complete; the plot plan should address the AQP District. After a discussion with the Mr. Traniello, Mr. Vivlecchia requested the public hearing to be continued to June 1, 2017. On a motion made Mr. Jarema, seconded by Ms. Hackett, the Zoning Board of Appeals moved to continue Case #17-02 to June 1, 2017. Vote was 5-0-0 (Traniello, Jarema, Redfern, Caouette, Hackett). Minutes There were no minutes presented Other Business Page 1 2 Mr. Traniello informed the Board there will be a 40B application filed for the property on Lakeview Avenue/Eaton Street. He stated the Town has received from the State a year safe harbor from hearing a 40B Comprehensive Permit application until February 2018. Once the application for the property at Lakeview Avenue/Eaton Street is filed, the Town can determine how the Zoning Board of Appeals should proceed. Mr. Traniello said he will recuse himself from this 40B due to a professional conflict. Mr. Traniello brought forth a meeting he attended with Mr. Jarema, two members of the Community Planning and Development Commission (CPDC), Jean Delios the Town Manager and Julie Mercier the Community Development Director. He said the meeting was in regards to an upcoming Town meeting warrant which would transfer authorization to the CPDC to review and issue detached accessory apartment permits. He said after a discussion, it was agreed it would be difficult to split up section 5.0 of the Zoning Bylaw. Mr. Traniello will present an amendment at the Town meeting for the warrant to revert authority back to the ZBA. Mr. Traniello said the Board has not received any feedback from the Engineer Peer Review who could not attend the last Woburn Street 40B public hearing. He is not sure if the Engineer findings will be done by written submission or he will testify at the next meeting being held on May 11, 2017. Mr. Traniello reminded Mr. Caouette and Ms. Hackett renewal notices were sent to them to remain a Board member. He reminded them the deadline is May 8, 2017 to submit the application. After a discussion, the Board agreed to move the Zoning Board of Appeals meeting to Wednesday. The Board requested the Town to give them notice when this will happen. Adjournment On a motion made Mr. Caouette, seconded by Mr. Jarema, the Zoning Board of Appeals moved to adjourn the meeting at 8:15 p.m. Vote was 7-0-0 (Traniello, Jarema, Redfern, Caouette, Hackett, Hagstrom, Pernice). Page 1 3