HomeMy WebLinkAbout2020-09-03 Zoning Board of Appeals Minutes Town of Reading RE :; E- 1V U
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Board - Committee - Commission - Council:
Zoning Board of Appeals
Date: 2020-09-03 Time: 7:00 PM
Building: Location:
Address: Session:
Purpose: Version: Final
Attendees: Members - Present:
Robert Redfern
Nick Pernice
Hillary Mateev
Jamie Maughan
Members - Not Present:
Others Present:
Andrew MacNichol - Staff Planner, Miryam Becker, Anita Garshek, Guido
Sabatella and Paola Santorol
Minutes Respectfully Submitted By: Amanda Beatrice
Topics of Discussion:
Staff Planner Andrew MacNichol briefly explained the protocols for tonight's meeting that is
being held virtually. He presented the Zoom Meeting information to the public for those
wishing to join and explained the features of the Zoom program and how to provide comments
for any given application. He added that RCN is broadcasting and recording the meeting.
Mr. Redfern called the meeting to order.
146 Summer Ave—Case#20-09
Mr. Redfern read the legal advertisement into the record.
Ms. Miryam Becker, the projects landscape architect, briefly described her earlier meeting with
Building Inspector Glen Redmond. She stated that Mr. Redmond said he had a problem with
issuing a permit for this project when there are existing violations that are not related to this
case.
Mr. Redfern asked the applicant if they planned on continuing the meeting. Ms. Becker stated
that she was looking for guidance on how to move forward with this project and was not sure if
it should be from the Board, Building Inspector or Town Counsel.
Mr. Maughan asked if the issue for the jacuzzi is that it extends over the property line. Ms.
Becker stated that there was incorrect information about the location of the property line when
the jacuzzi was originally installed. When they Applicants received a new and updated plot plan
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for the current application the issue was found. She also stated that the jacuzzi was installed in
2018 in which they received a building permit for and was inspected by one of the building
inspectors for final approval.
Mr. Maughan stated he would be more comfortable in making a decision after the jacuzzi
violation is taken care of.
Mr. Pernice stated that he did not believe that they could move forward because it could be
detrimental to the neighbor. He added that the raised porch does pose a concern for him.
Mr. Redfern stated that he agreed with the other Board members and that he does not feel
comfortable making a decision until there is further input from the Building Inspector who was
not present at the hearing.
Mr. Guido Sabatella, property owner, stated that they have an easement for the driveway. He
also noted that some of these problems were not caused by him and that the Board could take
into consideration that fixing some of these issues would result in financial hardship.
Anita made a public comment in the chat that there was Town Council input when Mr. Dupell
was building inspector. Ms. Becker stated that she had that information.
Ms. Anita Garshek agreed with Mr. MacNichol about postponing the decision to determine
what appropriate conditions could be placed on any approval. She also noted that they pulled
the building permit and a plot plan was not required for the jacuzzi installation; they used the
Town GIS map which was not correct. She also noted that Mr. Redmond pointed the issue out
recently to Ms. Becker.
Mr. Penrice pointed out a section of the bylaw which states that once a nonconforming use
changes to a conforming use, it may not revert back to a nonconforming use. He asked the
applicant how long it had been since the bridge and roof deck were removed. Mr. Sabatella
stated to the best of his knowledge they were removed around the year 2000.
Mr. Redfern opened the meeting to public comment and with no comments made, closed the
public meeting.
Mr. Redfern stated that he agrees with Mr. Pernice and briefly went over the applicant's
options.
Mr. Maughan agreed that the roof deck and the hot tub are separate issues but he would
appreciate an understanding of if a special permit can be granted when a property has existing
violations. He also stated he would like to hear from the abutters and if they are comfortable
with the proposed roof deck.
Ms. Becker stated that they would like to continue this meeting to gather information and
abutters letters.
Mr. Redfern asked Mr. MacNichol if there was anything in writing from Town Counsel. Mr.
MacNichol replied in the affirmative.
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On a motion made by Mr. Maughan, seconded by Ms. Mateev,the Zoning Board of Appeals
moved to continue the hearing for Case#20-09 to October 8,2020,at the request of the
Applicant.
Vote was 4-0-0(Pernice, Redfern, Mateev, Maughan)
Minutes:
2/5/2020
On a motion made by Mr. Maughan,seconded by Mr. Redfern,the Zoning Board of Appeals
moved to accept the 2/5/20 minutes as amended.
Vote was 4.0-0(Pernice, Redfern, Mateev, Maughan)
3/4/2020
On a motion made by Mr. Pernice, seconded by Mr. Maughan,the Zoning Board of Appeals
moved to accept the 3/4/20 minutes as amended.
Vote was 4-0-0(Pernice, Redfern, Mateev, Maughan)
6/3/2020
On a motion made by Mr. Maughan,seconded by Ms. Mateev,the Zoning Board of Appeals
moved to accept the 6/3/20 minutes as amended.
Vote was 4-0-0(Pernice, Redfern, Mateev, Maughan)
Zoning Board of Anneals 09-03-2020 - YouTube
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