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HomeMy WebLinkAbout2001-05-10 Zoning Board of Appeals Minutes - Draft TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF MAY 10, 2001 MEMBERS PRESENT: MICHAEL LARKIN EDMUND BALBONI JOHN JAREMA SUSAN MILLER BERNARD O'SHAUGHNESSY 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, Anne Krieg,Joseph Delaney, and Town Counsel Joan Langsam were also in attendance. Case#99-21 A Public Hearing in order to address the issues remanded to the Zoning Board of Appeals by the Massachusetts Land Court in the case of Mark R. Calley, et al. v. Christopher R. Vaccarro, et al, Massachusetts Land Court Misc. Case No. 252196,affecting the premises located at Zero Condor Avenue in Reading,MA. Chairman Michael Larkin swore in the applicants. Arty. David McBride represented the applicants. The applicants petitioned the Zoning Board of Appeals in 1998 for relief from the Zoning By-law 6.3.1.3,to build a single family house, on a 12,600 sq. ft. lot, in an SI5 zone. The lot did not have 80' of continuing frontage. The lot is owned by Mr. and Mrs. John Drew. The Zoning board of Appeals approved the 1998 petition, but the case was appealed by the abutter, Mark Calley. The Massachusetts Land Court determined that two points needed to be clarified. Firstly, did the petitioner create a problem with the side yard set back when a porch was added in 1986. Prior to the porch addition the side yard set back was 15'. Secondly, the lot width does not comply with the zoning by-law. The width is 60'. Atty. McBride requested the Zoning Board of Appeals find that lot 4A and lot 4B were in compliance before the 1992 zoning by-law change. Mark Calley stated the lot is an odd shape. They would need to blast and his house is 15' away. He requested the Zoning Board of Appeals deny this petition. Town Counsel Joan Langsam stated the court has addressed the other issues and the Zoning Board of Appeals should focus on only two issues. John Jarema stated he would like to read the court case before making a decision. 4W Zoning Board of Appeals Minutes of 5/10101 DRAM NA page 2 On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of Appeals voted to continue Case 498-21, Mark R. Calley, et al. v. Christopher R. Vaccaro, et al, Massachusetts Land Court Misc. Case No. 252196, for the premises located at Zero condor Avenue, Reading,MA, until June 7, 2001. The motion was approved by a vote of 3-0-0. 8:12 PM. On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of Appeals, on a roll call vote,voted to go into executive session,to review Case 999-05. The motion was approved by a vote of 3-0-0. 8:33 PM. On a motion by John Jarema, seconded by Edmund Balboni,the Zoning Board of Appeals, on a roll call vote, voted to end the executive session, and resume the public hearing. The motion was approved by a vote of 3-0-0. Case#00-31 Continuance of a Public Hearing on the petition of Angelo Salamone who seeks a comprehensive permit under Massachusetts General Laws Chapter 40B in order to construct ten units of housing with an affordable component as required under the New England Fund, administered by Stoneham Savings Bank, a member of the Federal Home Loan Bank of Boston, The proposed housing is for property located at 45 Beacon Street (Map 123, Plot 200) in reading, MA. Chairman Michael Larkin read into the record letters from the following: Reading Fire Chief Gregory Burns, dated May 8, 2001 Town Engineer Joseph Delaney, dated May 10, 2001 Sally Hoyt, dated May 10, 2001 Anne and John Cusolito, dated May 8, 2001 Arty. Steven Cicatelli submitted a revised Drainage and Grading plan. The new plan shows the fencing and location of the arborvitae trees. The ground water is higher than they thought. The basements were removed in 8 of the units. Rich Murphy stated the petitioner would construct a retaining wall on the southeast border, as a cut off for ground water flow. The height of the retaining wall is 7 '/2' from the top of the wall to the finish grade. There will be a chain link fence on the top of the retaining wall with arborvitae trees planted next to it. The ground water table will be 2 Yz' below the living space. Edmund Balboni was concerned with the present vegetation on the property, since the ground water level would be lowered. Arty. Mark Favalovo, representing John and Elizabeth Joyce, suggested the Zoning Board of Appeals request an independent drainage study. He stated the Zoning Board of Appeals granted a variance, in 1995, to allow a single family home on this lot. He questions whether the applicant has control of this site. Zoning Board of Appeals Minutes of 5/10/01 D L-117A page 3 Arty. Cicatelli stated the petitioner would object to waiting for an independent drainage study. The members of the Zoning Board of Appeals discussed the request of an independent drainage study and agreed they would not request one. Town Engineer Joseph Delaney stated the ground water level needs to be lowered. He requested information on the maintenance requirements of the drainage system and he would like the maintenance fees added to the conditions. Mr. Delaney requested that test holes are dug after the ground water level is lowered and the State requirements are met. He also stated the driveway to Unit 8 is a 14%grade, not the recommended 10%. Atty. Langsam stated the maintenance fees should be added to the conditions in the decision. The Trustees shall establish a trust fund to provide for the maintenance of the drainage system. An abutter stated,if the grade is greater than 6%,the fire department would not be able access it with their large ladder fire truck. On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals, voted to continue the public hearing on the petition of Angelo Salamone, for the property located at 45 Beacon Street, Reading,MA, until May 24, 2001. The motion was approved by a vote of 3-0-0. On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals voted to adjourn at 11:15 PM. Respectfully submitted, Joy Mohr Recording Secretary