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HomeMy WebLinkAbout2001-01-18 Zoning Board of Appeals Minutes - Draft ' z DRAFT TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF JANUARY 18, 2001 MEMBERS PRESENT: MICHAEL LARKIN, CHAIRMAN JOHN JAREMA SUSAN MILLER EDMUND BALBONI 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 was also in attendance Case#00-30 A continuance of a Public Hearing on the petition of Eugene J. Patch who seeks a variance/special permit under section 4.4.5/5.1.1.2/4.4/4.4.4.2 of the MGL Chapter 40A, Section 6, in order to construct a single family dwelling on the property located at the comer of Governor's Drive and Salem Street, Map 93, Lot 5, 6, 7 and 8 in Reading, MA. Chairman Michael Larkin read into the record: 1. A letter, dated December 7, 2000, addressed to Michael Larkin from Town Planner Anne Krieg, stating CPDC lends its support to this application. 2. A report, dated November 28, 2000, addressed to O. Bradley Latham, from Jane Fiore, RN, CHO, stating the Board of Health gives a favorable report to this application. 3. A report, dated October 29, 2000, addressed to Anne Krieg, from Town Engineer Joseph Delaney, stating a house built at this location would not be subject to surface water flooding during a 100-year storm event. Arty. Brad Latham stated he believes the filing of this application is incidental and does not need a variance, only a special permit. He stated this lot was not held in common ownership at the time it became non-conforming in size and does not need relief for being smaller than the now required 15,000 sq. ft. Andrew Lupian, resident at 6 Bay State Road, stated his concerns with the drainage. He stated the drainage pipe in the corner of the applicants lot doesn't lead to anywhere and if this is part of the drainage plan, it needs to be addressed. He requested restrictions be made on where the drainage can go. Mr. Lupian stated there is a pool of water on the rear portion of his property during a moderate rain. He also stated the applicant's property abuts Town property on Salem Street and asked that the trees not be removed during construction. Mr. Lupian is opposed to the size of the proposed house and stated it would be a detriment to the neighborhood. Atty. Brad Latham addressed Mr. Lupian's concerns stating there would be no alteration in the rear yard that would cause water pooling and the drainage would be directed off Mr. Lupian's property. There would not be removal of vegetation offsite. Zoning Board of Appeals Mantes of 1/18101 page 2 4 John Owen, Hayes Engineering, has performed an analysis on this property. He stated there is a natural slope on this property that heads the water down into the existing catch basin. Edmond Balboni stated the vegetation on this property proves that it is always wet. Atty. Latham stated the culvert can be reinvestigated. John Jarema stated he will confer with the Town Engineer to investigate where the drainage pipe leads to. Glen Redmond stated the petitioner needs a variance for Zoning By-law 4.4.5 or a determination by the Board that this type of fill is exempt from the by-law. There is 2 'h' of fill at some portions of this property. He believes this is fill and not landscaping. Atty. Brad Latham submitted evidence that this lot was not held in common ownership. On a motion by John Jarema, seconded by Susan Miller, the Zoning board of Appeals voted to continue the hearing on Eugene J. Patch for the property located at the comer of Governor's Drive and Salem Street,Map 93,Lot 5, 6, 7 and 8 in Reading, MA,until March 1, 2001,to check the two drainage pipes on the lot and to check with Town Counsel on the ZBA by-law 4.4.5. The motion was approved by a vote of 3-0-0. Case#00-35 4 A Continuance of a Public Hearing on the petition of Joseph& Wendy Calaresso 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 place goods outside the canopy and not consider this open storage on the property located at 122 Main Street, Reading, MA. Chairman Michael Larkin read into the record a letter dated January 16, 2001, addressed to the Zoning Board of Appeals from Town Counsel Joan Langsam stating open storage is not permitted under section 4.2.2 of the Zoning By-laws. Atty. Brad Latham stated this is not open storage it is the display of items sold. These items are grown outside and when the item is purchased it is displayed outside by the homeowner. Joseph Calaresso stated they are displaying their product not storing it. They try to keep the area looking good and are continually giving back to the community. There were numerous residents at the public hearing giving their support to the Calaresso establishment, some of the comments were: Gerry MacDonald,Bear Hill, stated he has lived in Reading for 40 years and has seen this business improve since the Calaresso family has owned it. Zoning Board of Appeals Minutes of 1/18/01 page 3 `r John Lukins, 148 Walnut St.,Reading, stated clarity needs to be added to the zoning by- law describing open storage. JoAnn Simons, Executive director of E-Marc stated Calaresso is a beautiful landmark for Reading. E-Marc has greatly benefited from the kindness and generosity of the Calaresso family. President of the Chamber of Commerce, Jay Smith, stated there is overwhelming support for Calaresso in the business community. Edmond Balboni stated there is a problem with the definition of"open storage" in the Zoning by-laws and no one should be penalized as a result. John Jarema stated the special permit would be limited to one year and specify which items could be stored outside. Ally. Latham stated Calaresso could give a list of the items they have historically stored outside. Building Inspector Glen Redmond stated the Zoning Board would be overturning both his decision and that of Town Counsels. He also stated the Zoning Board would need the original approved site plan to designate where the storage can be permitted. Arty. Latham requested a continuance to gather the requested information. On a motion by Edmond Balboni, seconded by John Jarema, the Zoning board of appeals voted to continue the public hearing on Case#00-35, Joseph& Wendy Calaresso for the property located at 122 Main Street,Reading, MA, until February 1, 2001. The motion was approved by a vote of 3-0-0. Case#00-36 Continuance of a Public Hearing on the petition of Walter Arsenault &Daniel Arsenault who seeks a variancelspecial 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,Reading, MA. Mr. Arsenault requested permission to allow Calaresso's customers to park on their property. Calaresso's customers must park within 300' of the Calaresso property line. The required parking area, for the property located at 126 Main Street, is one parking space for every four seats in the restaurant. John Jarema stated both properties must meet the parking requirements. • Zoning Board of Appeals Minutes of 1/18/01 page 4 `. On a motion by John Jarema, seconded by Susan Miller,the Zoning Board of Appeals voted to grant a Special Permit under section 6.1.1.2 of the Zoning By-law to permit parking within 300' of the property located at 122 Main Street to park at 126 Main Street, Reading,MA. The motion was approved by a vote of 3-0-0. On a motion by John Jarema, seconded by Edmond Balboni, the Zoning board of Appeals voted to continue the public hearing on Case#00-36, Walter Arsenault&Daniel Arsenault,for the property located at 126 Main Street,Reading, MA. The motion was approved by a vote of 3-0-0. Old/New Business The members of the Zoning Board discussed deadlines for receiving new information on a case. Michael Larkin stated that if information is not submitted within 7 days of the hearing,than the case must be continued. The Zoning Board of Appeals unanimously voted to adjourn their meeting at 10:00 p.m. Respectfully submitted, Joy Mohr Recording Secretary 40