HomeMy WebLinkAbout2001-11-29 Zoning Board of Appeals Minutes - Draft TOWN OF READING DRAFT
ZONING BOARD OF APPEALS
MINUTES OF NOVEMBER 29, 2001
MEMBERS PRESENT: MICHAEL LARKIN
JOHNIAREMA
EDMUND BALBONI
ROBERT REDFERN
DONNA BOGGS
SUSAN MILLER
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 Kreig, and Town Counsel loan Langsam were also
in attendance.
Case#00-36
Continuance of a Public Hearing on the petition of Walter&Daniel Arsenault who seeks
a variance/special permit/appeal from the decision of the Building Inspector under
section 4.2.2/6.1.1.2 of the Zoning By-laws in order to display goods as open storage and
to allow parking serving a neighboring property located at 126 Main Street,Reading,
MA
Atty. John Lamond stated he has met with the building inspector and town planner. He is
seeking a use variance.
Town Counsel Joan Langsam stated the applicant needs a variance,notjust a special
permit. John Jarema advised Arty. Lamond to discuss the issue with Town Counsel.
Arty. Lamond requested to withdraw his petition without prejudice.
On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of
Appeals voted to accept the withdrawal without prejudice on the petition of Walter&
Daniel Arsenault.
The motion was approved by a vote of 3-0-0. -
Case#01-23
Continuance of a Public Hearing on the petition of Robert Biggio who seeks a
variance/special permit under Section 5.0/5.1.2/5.2.3.5/5.2.3.6/5.2.7.1 of the Zoning By-
laws in order to convert the property to all apartments on the property located at 743
Main Street, Reading, MA
Zoning Board of Appeals Minutes of 11/29/01 page 2
The petitioner discussed the parking requirements. He stated in exchange for the
easement he will grant his neighbor, the neighbor will grant him two deeded parking
spaces. This will give him a total of 8 parking spaces. John Jarema asked if there is
another alternative, such as decreasing the amount of apartments to four. Mr. Biggio
slated reducing the building to four apartments would make the project financially
unfeasible.
Glen Redmond stated the by-law requires an off street loading area, 12' x 35', for three or
more apartments.
Michael Larkin stated the petitioner should review the loading area specifications. Arty.
Lamond requested a continuance.
On a motion by Susan Miller, seconded by John Jarema,the Zoning Board of Appeals
voted to continue the public hearing on the petition of Robert Biggio, for the property
located at 743 Main Street,Reading,MA, until December 13, 2001.
The motion was approved by a vote of 3-0-0.
Case 498-21
Continuance of a Public Hearing in order to address the issues remanded to the Zoning
4 Board of appeals by the Massachusetts Land court in the case of Mark R. Calley, et al. v.
Christopher R. Vaccaro, et al, Massachusetts Land Court Misc. Case No. 252196,
affecting the premises located at Zero Condor Avenue, Reading,MA.
Ally. David McBride stated he created a new plot plan,Exhibit A, after visiting the site
with Glen Redmond. He also stated the 1971 plan did not create a zoning violation. The
1971 plan records the side yard at 15'. In 1986,the building was altered creating the
violation.
Airy. William Chapman,representing the neighbors, stated he does not contest what Atty.
McBride has stated.
On a motion by Edmund Balboni, seconded by John Jarema, the Zoning Board of
Appeals voted that when the 1971 plan was made and endorsed, it was valid, and the
Drews did not create a zoning violation at that time.
The motion was approved by a vote of 3-0-0.
Arty. McBride stated the effective date of Section 2.2.21.1 of the Zoning By-law is
November 12, 1992,but it is not applicable to this petition. Arty. Chapman stated the
effective date is the only issue.
Zoning Board of Appeals Minutes of 11/29/01 page 3
John Jarema stated he is hesitant to give any further opinion about the case without
hearing the case over again. Edmund Balboni stated they should only answer what was
requested. Michael Larkin stated they should mention that Section 2.2.21.1 no longer
exists.
The Zoning Board was hesitant to respond any further on this issue, because the court did
not request it.
On a motion by Edmund Balboni, seconded by John Jarema, the Zoning Board of
Appeals voted the effective date of Section 2.2.21.1 of the Zoning By-laws,was
November 12, 1992.
The motion was approved by a vote of 3-0-0.
The Zoning Board stated that the issue of applicability was raised during the hearing and
should be written as part of their decision. John Jarema requested Town Counsel write
the decision.
New/Old Business
Anne Kreig discussed the rules and regulations of the Comprehensive permit.
On a motion by Edmund Balboni, seconded by Robert Redfern,the Zoning Board of
Appeals voted to approve the minutes of their November 1, 2001 meeting, as amended.
The motion was approved by a vote of 3-0-0.
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
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