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Home My WebLink About2002-06-20 Zoning Board of Appeals Minutes - Draft DRAFTTOWN OF READING ZONING BOARD OF APPEALS MINUTES OF JUNE 20, 2002 MEMBERS PRESENT: MICHAEL LARKIN JOHN JAREMA EDMUND BALBONI SUSAN MILLER ROBERT REDFERN A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the Town Hall, 16 Lowell Street, Reading, Massachusetts at 7:00 PM. Building Inspector Glen Redmond, Town Planner Anne Krieg, and Town Engineer Joseph Delaney were also in attendance. Case#02-12 A Public Hearing on the petition of Joseph Calareso &Harrow Realty Trust who seeks a variance and a finding under Section 4.3.2.9/2.2.24 of the Zoning By-laws in order to permit the outside display and storage and sale of plants and other goods when there is no structure for such activity on the premises located at 124-126 Main Street,Reading, MA. Chairman Michael Larkin stated he received a letter from the applicant's attorney requesting a continuance until August 2002. Glen Redmond stated the applicant is seeking a variance to store open items and there is no structure. The by-law states there must be a building if there is open storage. He has issued fines, which are on hold until this case is completed. CPDC has approved a plan that allows their open storage, but they must have a building. On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of Appeals voted to continue the public hearing on Case #02-12 on the petition of Joseph Calareso & Harrow Realty Trust on the premises located at 124-126 Main Street, Reading, MA, until July 25, 2002. The motion was approved by a vote of 3-0-0. John Jarema requested Glen Redmond send the petition a letter informing them of the new date and requesting a timely conclusion to their case. Case#02-04 Continuance of a Public Hearing on the petition of William Hanson who seeks a variance under section 5.1.2/5.2.3.4/6.2 of the Zoning By-laws in order to construct a canopy within the required setbacks and to install the number and size of signs as indicated on plans for the property located at 2-4 West Street,Reading, MA Zoning Board of Appeals Minutes of 6/20/02 page 2 Arty. Mark Bobrowski stated three items were agreed upon at the last hearing. 1. A total of 18 sq. ft. of signs on the building. 2. One canopy sign not to exceed 8 sq. ft. 3. A total of 53 sq. ft. of free standing signs. Michael Abend, Abend Associates, 265 Winn Street, Burlington, MA,performed a traffic study. He stated there was a lot of construction going on in May when he performed his traffic study and as a result he is not comfortable with the count that was taken. Mr. Abend stated there is no way to calculate the impact of a canopy on the traffic. It is his conclusion that the canopy will increase traffic, but not significantly. Arty. Bobrowski stated CPDC has stipulated that traffic would be reviewed in 6 months and again in 12 months. If necessary, they will require the station to have a traffic officer at the sole expense of the applicant. Michael Larkin questioned the claim of a"hardship"without the canopy, if the canopy does not increase traffic. Mr. Abend stated the traffic count in November 2001 was a thousand cars in the evening and morning and it is now around 300 cars. This could be the result of the construction or the new Rt. 93, Commerce Way interchange. •r John Jarema stated it would be inconsistent not to grant a variance for the canopy. He will rely on CPDC's six and twelve month reevaluation of the traffic. On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of Appeals voted to grant William Hanson a variance under Section 5.1.2/5.2.3.4 of the Zoning By-laws in order to construct a canopy at 2-4 West Street, Reading, MA, not to encroach any further than 8'3" from the property, to be consistent with the plans drawn by Douglas Shoop & Assoc., dated December 3, 2001, with the following two conditions: 1. Restrict the flow of traffic to a right hand tum during the hours of 7:OOAM— 9:00 AM and 3:OOPM—6:00 PM. 2. CPDC determination at twelve months, will determine if the traffic signs are necessary. The motion was approved by a vote of 3-0-0. On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of Appeals voted to grant William Hanson a variance under Section 6.2 of the Zoning By- laws for the property located at 2-4 West Street, Reading, MA, an 8 sq. ft. sign on the canopy, two building signs totaling not more than 18 sq. ft., and 53 sq. ft. of free standing signs, to be consistent with the plans by Douglas Shoop & Assoc., dated December 3, 2001. The motion was approved by a vote of 3-0-0. Zoning Board of Appeals Minutes of 6/20/02 page 3 Case NO2-05 Continuance of a Public Hearing on the petition of Longwood Estates, LLC, represented by Latham, Latham and Stockard& Engler & Brigham, Inc. under Massachusetts General Laws Chapter 40B and the Federal Home Loan Bank of Boston's New England Fund housing program, on an application for a Comprehensive Permit requesting a permit for two hundred and eighty eight (288) units of condominiums housing at 468 West Street of which 25%of the units will be made affordable as per the Rules & Regulations of Comprehensive Permits in Reading. The Zoning Board of Appeals reviewed the meeting schedule and agreed to one additional meeting a month. The meetings for the next two months are: July 11, 2002 July 18, 2002 July 25, 2002 August 1,2002 August 15, 2002 August 22, 2002 Town Engineer Joseph Delaney requested a traffic peer review. He stated the proposed sewer system flow is divided to Kelch Street and part to west Street. He would like a breakdown. The applicant has proposed to add a 12" sewer line adjacent to the current 6" line. He would like the current 6" line replaced with the 12" line, eliminating the two lines. He requested soil delineation maps. Mr. Delaney stated the storm water management is off site and he wants to be sure the applicant has permission to maintain it. He requested the proposed plastic pipe be changed to reinforced concrete. He asked the applicant to consider moving the 16' retaining wall further from the property line. He stated a full drainage design must be brought before the Conservation Commission. Anne Kreig requested a meeting with Arty. Brad Latham, Town Counsel and herself. Mr. Bergeron staled they have looked at the 16' retaining wall on Kelch Street. They are looking at ways to soften this view with erosion control blankets and plantings that do not need to be mowed, similar to highway dividers. He requested a meeting with Joseph Delaney to discuss this further. Mr. Bergeron stated the Town may gain by having both the 12" and the 6" sewer pipes. He would like to discuss this further with Joseph Delaney. Mr. Bergeron requested the application conform only to the State Conservation regulations and not the local regulations. Anne Krieg stated the burden is on the applicant to show why they can not meet the local by-laws. Arty. Latham stated they do not have to prove every condition or exception, only that the plan works. He will submit a list of the differences between the state and local conservation requirements. 4 Arty. Latham stated the storm water management maintenance would be an easement. Zoning Board of Appeals Minutes of 6/20/02 page 4 John Jarema stated a condition would be that this site has control and the adjacent site can not also use it. Joseph Delaney asked if this is a private way or public way. Arty. Latham stated the property will be brought to the standard of a public way,but it will be a private way. Anne Krieg requested the Conservation Commission attend the July 18, 2002 meeting. On a motion by Edmund Balboni, seconded by John Jarema, the Zoning Board of Appeals voted to adjourn at 10:30 p.m. The motion was approved by a vote of 3-0-0. Respectfully submitted, Joy Mohr �, Recording Secretary