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HomeMy WebLinkAbout2019-10-02 Zoning Board of Appeals Minutes r Town of Reading Meeting Minutes Board - Committee - commission - Council: alit ii(J's 25 pb 2: 16 Zoning Board of Appeals Date: 2019-10-02 Time: 7:00 PM Building: Reading Town Hall Location: Select Board Meeting Room Address: 16 Lowell Street Session: Purpose: Public Hearing Version: Final Attendees: Members - Present: John Jarema Robert Redfern Cy Caouette Nick Pernice Members - Not Present: Kyle Tornow Hillary Mateev Erik Hagstrom Others Present: Building Commissoner Mark Dupell, Staff Planner Andrew MacNichol, Brian Learned, Steve Knight, Bill Lumbard, Tony D'Arezzo, Josh Latham, Rene Gagnon, Judy Finnegin, Joe Penznola Minutes Respectfully Submitted By: Amanda Beatrice Topics of Discussion: Mr. Caouette called the meeting to order at 7:OOPM. Other Business: Case#18-16, 17 Lenetta Lane Mr. Caouette stated that they would be taking one case out of sequence because it should be a quick disposition. Case #18-16, 17 Lenetta Lane was granted a Special Permit for an accessory apartment on August 7, 2018 and that the applicant submitted a written request for an extension. Mr. Caouette read the written request from Steve Knight of SJK Construction. Mr. Caouette also read an additional memo for an extension from Bill Lumbar of S&L Homes LLC, current owner of the property. Mr. Caouette asked Mr. Lombard to fill the Board in on what is happening and why this request has been made. Mr. Lombard stated that due to the health issues with his partner, they saw it fit to sell the property and that they had a gentleman who was willing to take over the project and finish it. He said that they were hoping to get an extension of 6 months to a year. This would allow them to finalize the sale and start construction in a timely manner. Mr.Jarema asked for clarification from either Mr. Dupell or Mr. MacNichol if the applicant could transfer this to another person due to section 5.4.7.4.Mr. Dupell stated that the Special Permit would transfer with the dwelling and that they would have to notify the Building Inspector that they would be using the same format. Mr. Redfern asked if everything would still be built according to the Special Permit. Mr. Lombard stated yes,there are no proposed changes. Mr. Pernice stated that the letters stated the context and that he believed that the one-year extension is acceptable. Page I 1 Mr. Caouette asked the applicant how long of an extension they were looking for. Mr. Lombard said he was looking for one year and it was negotiable. Mr. Caouette opened the public comment and seeing none he closed the public comment portion of the application. Mr. Caouette entertained the motion to accept the request for a one-year extension. On a motion made by Mr. Pernice,seconded by Mc Redfern, the Zoning Board of Appeals moved to extend the Special Permit previously granted for Case#18-I6. Vote was 4-0-0(Jarema, Caoaette, Pernice, Redfern) 55 Walkers Brook-Case#19-09 The Zoning Board of Appeals held a continuance of a Public Hearing in the Select Board's Meeting Room at Town Hall, 16 Lowell Street, Reading, Massachusetts on Wednesday, October 2,2019 at 7:00 PM on the application of Sign Design, pursuant to M.G.L. Ch. 40A §10 for a Variance under Reading Zoning Bylaw Sections 4.5.2 and 8.6 Table of Signs, as may be determined by the Zoning Board, to install a new wall sign that exceeds allowable installation height on the property located at 55 Walkers Brook Drive in Reading, Massachusetts. Mr. Caouette stated this case was opened on June 51" and had been through multiple continuances. Mr. Caouette read the petitioners written request which stated that they would like to request a withdrawal of their application without prejudice. On a motion made by Mr. Jarema, seconded by Mr. Redfern, the Zoning Board of Appeals moved to grant a Withdrawal without Prejudice far Case#19-09. Vote was 4-0-0(Jarema, Caouette, Pernice, Redfern) 259-267 Main Street-Case#19-19 The Zoning Board of Appeals held a continuance in the Select Board Meeting Room at Town Hall, 16 Lowell Street, Reading, Massachusetts on Wednesday,October 2, 2019 at 7:00 PM on the application of Stonegate Construction Corp., pursuant to M.G.L. Ch. 40A §9 for a Special Permit under Reading Zoning Bylaw Section 7.2 to alter, reconstruct and/or extend a pre-existing nonconforming commercial use within the S-15 Zoning District; OR, pursuant to M.G.L. Ch. 40A §10 for a Variance to convert the commercial use area within the 5-15 Zoning District into parking for a multi-family dwelling; OR, pursuant to Reading Zoning Bylaw Section 4.6.2.4, for a determination that the Special Permit application can be decided as part of the Community Planning and Development Commission's Site Plan Review process for the project, on the property located at 259-267 Main Street(Assessors Map 12, Lots 40&39) in Reading, Massachusetts. Mr. Caouette stated this case was opened on September 4". He stated that Mr. Hagstrom who was a voting member last meeting was not present. He also noted that last meeting was continued so they could refer the situation to the Town/Town Counsel to see how to handle the situation/what kind of decision it would take. Mr. Caouette stated that they had a draft Decision, which was drafted by Staff Planner Andrew MacNichol, Community Development Director Julie Mercier and the Applicant's attorney Joshua Latham. He stated that the draft was sent to all of the Board Members for review before the meeting. Mr. Latham stated that he worked with Town Staff to come up with a proposed Draft Decision for a Special Permit. The basis is that the multifamily residential use is less detrimental than the current Page 1 2 commercial use of the property. He added they drafted it in such a way as a response to the Board's feedback that a Special Permit is favored over a Variance. Mr. Pernice stated that he agreed that a Special Permit would be the way to go and that it would not be more detrimental to the area. Mr. Redfern agreed with Mr. Penrice. Mr. Jarema also concurred with both Board members. He also pointed out that the 12 additional spaces were left out of the draft and that it should be listed in the draft. Mr. Latham stated that the plans have not changed and they were not listed in the draft because they still need to go to CPDC and Conservation. Mr. Jarema stated he did not want issues to occur. Mr. Latham stated he had no objection to `no more than 12 spaces' and it may become less. Fie also noted that if they go to CPDC and they required more, than they would have to come back to ZBA to have the permit adjusted or denied. Mr. Dupell stated that a multifamily parking lot is not an accessory use in the Table of Uses for the 5-15 zoning district. 5-15 is a single-family zone which means parking for one,two or three cars. He said that was his only comment and that it is not that he was against the project, it is just a matter of fact. Mr. Redfern stated that in this case that this has been grandfathered by the current commercial use and that they are now looking at this case as a less intensive use. Mr. Caouette opened up the public comment, none were forthcoming and Mr. Caouette closed the Public Comment portion of the hearing. Mr. Caouette asked the Board if they had any more comments. Mr. Redfern stated that the draft would need to be modified if they move forward with the Special Permit and remove the Variance and Determination Request. Mr. Caouette entertained a motion to approve the request for a Special Permit with conditions discussed. On a motion made by Mr. Redfern,seconded by Mr. Pernice, the Zoning Board of Appeals moved to grant a Special Permit for Case#19-19. Vote was 4-0-0(Jarema, Caouette, Pernice, Redfern) On a motion made by Mr. Jarema,seconded by Mr. Redfern, the Zoning Board of Appeals moved to grant a Withdrawal without Prejudice in regards to the Variance Application far Case#19-19. Vote was 4-0-0(Jarema, Caouette, Pernice, Redfern) 11 Nugent Lane—Case#19-23 The Zoning Board of Appeals held a Public Hearing in the Select Board's Meeting Room at Town Hall, 16 Lowell Street, Reading, Massachusetts on Wednesday, October 2, 2019 at 7:00 PM on the application of Brian Learned, pursuant to M.G.L. Ch. 40A §9 for a Special Permit under Reading Zoning Bylaw Sections 7.0, 7.3 and 7.3.2,to construct a new covered front porch with a non-conforming front yard setback onto an existing non-conforming dwelling on the property located at 11 Nugent Lane(Map 46, Lot 61) in Reading, Massachusetts. Mr. Caouette read the legal notice into record. Mr. Learned stated he was back in front of the Board for a design change to an existing project that was already approved about two months ago for an addition. He stated that the minor change is moving the entrance way to the right and he was there asking permission because it would not meet the set back. Page 1 3 Mr. Dupell stated he agreed with Mr. Learned and that the application required a new Special Permit. Mr. Pernice stated he had no objections to this proposal and that it could be considered a minor change. Mr. Redfern also agreed. Mr. Jarema stated that he did not have any problems with the application and this should enhance it further for all. Mr. Caouette asked Mr. Learned to clarify which door was going to be adjusted. Mr. Learned stated that the door was approved prior to this application but the steps and overhang was not The overhang is considered a new structure thus required Board approval. Mr. Dupell stated they had a few building permits issued. Mr. Caouette opened up the public comment, none were forthcoming and Mr. Caouette closed the Public Comment portion of the hearing. On a motion made by Mr. Pernice, seconder!by Mr. Redfern, the Zoning Board of Appeals moved to grant it Special Permit far Case#19-13. Vote was 4-0-0 (Jarema, Caouette,Pernice, Redfern) Minutes The Board members agreed to review the September minutes on the October 16, 2019 hearing date. Mr. MacNichol noted that staff is exploring the option of writing decisions but there has been no final decision made. On a motion made Mr. Redfern,seconded by Mr. Jarema, the Zoning Board of Appeals moved to adjourn the meeting. Vote was 4-0.0 (Jarema, Caouette,Pernice,Redfern) Page 1 4