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Home My WebLink About2001-05-17 Zoning Board of Appeals Minutes - Draft TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF MAY 17, 2001 MEMBERS PRESENT: MICHAEL LARKIN EDMUND BALBONI JOAN JAREMA 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, and Joseph Delaney were also in attendance. Case#00-36 Continuance of a Public Hearing on the petition of Walter Arsenault&Daniel Arsenault who seeks a variancefspecial 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 on the property located at 126 Main Street in Reading,W. The applicant requested a continuance of the public hearing. On a motion by John Jarema, seconded by Edmund Balboni,the Zoning Board of Appeals voted to continue the public hearing on the petition of Walter Arsenault& Daniel Arsenault for the property located at 126 Main Street, Reading, MA, until August 16, 2001. The motion was approved by a vote of 3-0-0. Case#00-33 Continuance of a Public Hearing on the petition of Rangeway Farms,LLC c/o Carter& Coleman, 248 Main Street, Reading, MA who seeks a comprehensive permit pursuant to M.G.L. Chapter 40B to construct twelve unit townhouse project on the property located at 1375 Main Street,Reading,MA. Arty. Denise Moynihan submitted Exhibit F. They have changed the side setbacks to 14' and increased the buildings height to 41'. They are requesting relief from the 30' height and 15' setback requirements. The units are 20' x 30', three stories high with two bedrooms on the second floor with a potential third bedroom on the third floor, and a deck. The affordable unit could have two or three bedrooms. This is in an aquifer protection district that regulates the impervious area to 20%. This project is at 43% impervious. Arty. Moynihan stated with their groundwater recharge system,they meet both state and local regulations. Michael Larkin was concerned that no one from the water department was at the hearing to answer questions. Zoning Board of Appeals Minutes of 5/17/01 page 2 Arty. Moynihan stated they have met with the Historical Commission. They would preserve the main structure with the porch. The Historical Commission is requesting they preserve the two back rooms. The back rooms are 26' x 14' and two stories high. Without the two back rooms, the building is the same size as the other buildings. This would also block the view of the other units. Virginia Adams, Historical Commission, stated they are cutting the house in half. Eliminating the two back rooms would also eliminate the basement.. They have not reached an agreement. She would prefer to schedule another meeting to have a chance for more dialogue. 7:40 PM Anne Krieg arrived. Joseph Delaney stated the Water& Sewer Department recommended a maximum of 20% impervious area. This project is subject to approval by the Conservation Commission and DEP regulations, because there is wetlands within 100'. John Jarema stated the inclusion of the historical house adds an additional 8% impervious. He asked if the infiltration system could handle this addition. Arty. Moynihan stated it could. John Jarema stated the 41' building height is very high. 8:10PM The applicant requested a 5 minute recess. 8:20 PM The public hearing reconvened. The Historical Commission requested one more meeting to resolve this issue. On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of Appeals voted to continue the public hearing on the petition of Rangeway Farms, LLC c/o Carter& Coleman,248 Main Street, Reading, MA on the property located at 1375 Main Street, Reading, MA, until June 14, 2001. The motion was approved by a vote of 3-0-0. Case#01-07 A Public Hearing on the petition of Sheldon Bacon who seeks a variance and/or special permit under section 6.3.3.4/5.0 of the Zoning By-laws in order to add a second story addition to a nonconforming existing garage on the property located at 352 Summer Avenue,Reading,MA. Chairman Michael Larkin swore in the applicants. The applicant is requesting permission to add a second story to their garage for an additional bedroom. The structure is 7.9' from the property line. Zoning Board of Appeals Minutes of 5/17/01 page 3 John Jarema stated the Town Meeting approved a new Zoning By-law that would address ( this issue,but it has not taken affect yet. John Coote, 332 Summer Ave., stated the petitioner must show special circumstances for a variance. He suspects the Attorney General will not support the new Zoning By-law. He also stated the direct abutter objects to the height of the proposed structure and the window facing their house. The abutting house is 22' —25' from their structure. On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of Appeals voted to continue the public hearing on the petition of Sheldon Bacon on the property located at 352 Summer Avenue, Reading, MA,until June 21, 2001. The motion was approved by a vote of 3-0-0. Case#01-08 A Public Hearing on the petition of Kevin Fulgoni, Trustee of Dennis-Magnus who seeks a variance under Section 5.1.2 of the Zoning By-laws in order to construct a single family dwelling on the property located at Willow Street, Lot 19, Reading, MA. Chairman Michael Larkin swore in the applicants. Atty. Mark Favolavo stated this property has been before the Zoning Board of Appeals four times, twice in 1986. This case has also been appealed. The petitioner is requesting a variance on the frontage under Section 5.1.2. The frontage on Willow Street is 0'. The access is from Summer Avenue. The frontage on Summer Avenue is 96', not the required �r 100'. Atty. Favolavo stated if the variance is not granted, the 3.8 acres are not useable. The petitioner received a permit, on September 26, 1995,to build a foundation. The neighbors appealed this permit, on October 16, 1995. The petitioner had already started construction of the 26' x 54' foundation. The proposed house is 2 story, 4 bedroom, and colonial style with a farmers porch, approximately 30' high. The garage is under the house. The petitioner has submitted a drainage study. The Conservation Commission have flagged the wetlands and would require hay bales during construction. Nancy Osoro, 20 Summer Avenue, stated this property has always been unbuildable due to the wetlands. She read a letter,dated August 19, 1999, from the Zoning Enforcement Officer, stating the property is not in compliance with the zoning by-laws and the foundation must be removed. Rachel Gray, 130 Willow Street, stated this area is flooded in heavy rains now. She was concerned this would increase it further and with the amount of trees that would be cut down. John Coote, former member of the Zoning Board of Appeals, stated there is a difference in testimony from his recollection. He recalls the forms were in place,but the concrete was not poured,when the appeal was made. Zoning Board of Appeals Minutes of 5/17/01 page 4 John Jarema stated the frontage on Summer Avenue is the combination of two sections, 81.57' and 14.50',totaling 96.07'. He requested a plot plan. Michael Larkin stated he would like to confer with Town Counsel before proceeding. Arty. Favalavo requested a one month continuance. On a motion by Edmund Balboni, seconded by John Jarema, the Zoning Board of Appeals voted to continue the public hearing on the petition of Kevin Fulgoni, Trustee of Dennis-Magnus, on the property located at Willow Street, Lot 19,Reading, MA,until June 21, 2001. The motion was approved by 3-0-0. Case#01-09 A Public Hearing on the petition of Alicia Botticelli-Tarasuk and Peter Tarasuk who seeks a variance under section 5.0/5.1.2 of the Zoning By-Laws in order to create a buildable lot with frontage of less than 120 feet on the property located at 268 Franklin street,Reading, MA. Chairman Michael Larkin swore in the applicants. Atty. Christopher Coleman represented the petitioner. The petitioner is requesting a variance to create a two lot subdivision. The present lot is 1.6 acres, with 190' frontage. There is a house on the lot. The lot would be divided into a 32 sq. ft. lot with 132' frontage and a 3,600 sq. ft. lot with 68' frontage, with a shared driveway. Atty. Coleman stated CPDC and the Conservation Commission are in support of the variance. The subdivision of the lot would eliminate the need for a cul-de-sac to access the houses.. Fred Magnus, 243 Franklin Street, stated he would prefer the driveway to the cul-de-sac, because fewer trees would need to be removed. It would fit into the neighborhood better. John Jarema stated a variance has never been granted for frontage or lot size for new construction. A better approach would be to go to CPDC for a waiver. He requested clarification from Town Counsel on if the Zoning Board of Appeals has the authority to grant a variance, since the two lots have not been created. On a motion by Edmund Balboni, seconded by John Jarema, the Zoning Board of Appeals voted to continue the Public Hearing on the petition of Alicia Botticelli-Tarasuk and peter Tarasuk on the property located at 268 Franklin street,Reading, MA, until June 7, 2001. 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 adjourn at 11:55 PM. Zoning Board of Appeals Minutes of 5/17101 page 5 4 Respectfully submitted, Joy Mohr Recording Secretary 4v L