HomeMy WebLinkAbout2023-11-15 Zoning Board of Appeals MinutesF OFR
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Meeting Minutes
Board - Committee - Commission - Council:
Zoning Board of Appeals
Date: 2023-11-15
Building: Reading Town Hall
Address: 16 Lowell Street
Purpose:
Attendees: Members - Present:
Time: 7:00 PM
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Location: Select Board Meeting Room
Session:
Version: Final
Cy Caouette, Andrew Grasberger, Patrick Houghton, Chris Cridler
Members - Not Present:
Cynde Hartman
Others Present:
Community Development Director Andrew MacNichol, Building Comissioner
Bret Bennett, Mike, McGonagle, David Reis, Steve O'Neil, Agui Desouza,
Gina Strauss, Elizabeth Teixeira Ferraro, Joe Ferraro, John McLaughlin, Eric
Pennucci
Minutes Respectfully Submitted By: Amanda Beatrice
Topics of Discussion
Case #23-16-105 Avalon Road
Mr. Andrew Grasberger opened the public hearing for Case #23-16 —105 Avalon Road by reading the
legal notice into record and swearing in members of the public wishing to speak.
Mr. Steve O'Neil briefly explained the project. The homeowners want to demolish and rebuild the
existing garage by pulling it forward about 25 feet, extending the existing 11 -foot nonconformity.
Mr. Cy Caouette stated he has no fundamental problem since they are not creating any new non-
conformity but making the existing one slightly better
Mr. Andrew Grasberger asked if any neighbors had feedback. Mr. Steve O'Neil stated that the
homeowners, Mr. John McLaughlin and Ms. Caitlin McLaughlin are close to their neighbors and haven't
heard any complaints.
Mr. Andrew Grasberger opened the meeting to public comment.
Ms. Elizabeth Teixeira Ferram, the abutter Mr. Andrew Grasberger from 109 Avalon Road handed a
packet to each of the Board members (photos of her home and other abutters' homes). She stated she
did not see this as straightforward as the Board did and hated to oppose their neighbors' project but
their neighbors never had a conversation with them outside of mention it in passing. Her husband went
to Town Hall and obtained a copy of the plans. They believe the project would have a substantially
negative impact on the character and value of their home which they purchased in December 1991. The
biggest concern is the fact that they are not only the neighbors extending forward with their addition,
they are adding another story which means there would be an additional 7 windows, one of which
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would be right in front of their bedroom window. She also noted, they have plenty of room in the back
where they would not be extending or creating a new nonconformity.
Mr. Steve O'Neil noted, per the Reading bylaws, he could by right build upwards by right, without
needing to go to the Zoning Board. The only real difference is the four feet. In regards to the windows,
Mr. Steve O'Neil noted that he has built many additions in Reading over his career and there are many
precedents of this, which the Zoning Board has allowed, some of which he was in front of the ZBA.
Ms. Elizabeth Teixeira Ferraro stated she respectfully disagreed with Mr. Steve O'Neil and that the
addition is invasive and intrusive. Mr. Steve O'Neil stated that he understood and by right, he would be
allowed to cut four feet off and only have to go through the Building Permitting Process. Ms. Elizabeth
Teixeira Ferraro stated she understood that was their right. Mr. Joe Ferraro stated that they were never
given any details on this project and if they were given the opportunity to review the plans in advance,
they would not be at the meeting. He also stated he did not believe that anyone in their neighborhood
had windows looking at each other.
Mr. John McLaughlin stated that the amount of research they did and rounds of edits was to keep the
addition to code and to be aesthetically pleasing. Things are very costly and they were trying to be
mindful of what the Town allows and what is feasible. Mr. Patrick Houghton stated that Mr. John
McLaughlin still had the opportunity to either have the Board vote on this matter or they could continue
the case to the next meeting giving him more time to review the opposition and wanted to make sure
that he was aware of that.
Mr. Andrew MacNichol stated for the Zoning Board of Appeals Special Permits require a supermajority
vote of four out of five positive votes, since there was only four of the five members in attendance, they
would need all four to vote positive to be granted.
Mr. Andrew Grasberger asked if they had looked into building the addition by right. Mr. Steve O'Neil
stated that the benchmark was established at the eleven feet and bringing the addition forward made
sense. He and the architect had done this many times before but did not anticipate this issue coming.
Mr. Cy Caouette stated that it was unfortunate that there was not enough communication between the
applicant and neighbors. Mr. Steve O'Neil stated that removing the foundation was costly. Mr. Andrew
MacNichol stated that going up on an existing foundation would require a Special Permit but moving the
whole thing by four feet would not require the Special Permit.
Mr. Cy Caouette stated that it might be worth considering Mr. Patrick Houghton's suggestion to
continue the meeting. If they were to vote on the application and it was not approved, they would have
to wait two years to come back for this project.
Mr. Patrick Houghton noted that based on 7.32 it shall not be substantially more detrimental to the
neighborhood. Although he did not believe it was detrimental to the character of the neighborhood, it is
detrimental substantially to at least one neighbor.
Mr. Patrick Houghton made a motion to accept the applicam's request to continue Case #23-16 —105
Avalon Road to December 13, 2023. Mr. Chris Cridler seconded the motion and it was approved 4-0-0.
Vote was 4-0-0 (Houghton, Grasberger, Caouette, Cridler)
Case #23-17 — 36 Laurel Lane
Mr. Andrew Grasberger opened the public hearing for Case #23-17 —36 Laurel Lane by reading the legal
notice into record and swearing in members of the public wishing to speak.
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Mr. David Reis briefly described the project. The old shed that invaded the neighbor's property by two
inches. He noted that he is a specialist in framing work and realized he was a few feet short of the five-
foot setback. The project was started without a permit and one of his neighbors called it in.
Mr. Andrew Grasberger asked if the shed had already been built. Mr. David Reis stated it was the reason
he had started this project for his wife to have an office and due to needing extra space for his son who
was diagnosed with Autism. He noted it was not right to do the work without a permit and wanted to
see what his possibilities were for this project.
Mr. Cy Caouette asked if the project was completed. Mr. David Reis stated just the framing and siding.
Mr. Cy Caouette stated they may want to continue until there are five members available to vote as he
is not inclined to give a positive vote.
Mr. David Reis and his contractor asked if they were to meet the 5 -foot setback and cut off 30 square
feet from their structure if they would have to come back before the Board for approval. Mr. Bret
Bennett stated they would not need to come back before the Zoning Board but would still need to go
through the Building Process. Mr. David Reis asked if he was to get denied at the next meeting and then
chose to move to be in compliance with setbacks and cut the 30 square feet off of his project, would he
be able to go through just the Building Process. Mr. Andrew Grasberger stated he could because it
would be by right.
Ms. Gina Strauss stated that their son has moderate to severe Autism. Since the home is old you could
hear everything and his doctors suggested a quiet sensory space that was padded, to give him a space to
escape all the noise. This new shed replaced the old shed, giving her son and herself a safe
workspace/sensory space. She asked the Town to take his diagnosis into consideration and apologize for
not taking the proper steps and procedures during this process.
Mr. David Reis asked if the Board had any input. Mr. Andrew Grasberger stated that in order for them to
grant a Variance for setbacks, all four of the Variance Criteria need to be met. Mr. Chris Cridler noted
that based on the current Variance Criteria, they would not be able to grant a Variance for the project.
Mr. Andrew Grasberger opened the meeting to public comment.
Mr. Eric Pennucci, the next-door neighbor stated his concern was the appearance and that it was not
going to be used as a residence, otherwise, he had no issue.
Mr. Mike McGonagle, neighbor of 40 Laurel Lane stated he also agreed with Eric. He has no issues with
this project and just wished the proper steps were taken.
Mr. Chris Cridler made a motion to accept the applicants request to continue Case N23-17 — 36 Laurel
Lane to December 13, 2023. Mr. Cy Caouette seconded the motion and it was approved 4-0-0.
Vote was 4-0-0 (Houghton, Grasberger, Caouette, Cridler)
Mr. Patrick Houghton left the meeting after voting on the second case.
ZBA Minutes 10/18/23
Mr. Andrew Grasberger made a motion to accept the minutes as amended. Mr. Chris Cridler seconded
the motion and it was approved 3-D-0.
Vote was 3-0-0 (Grasberger, Caouette, Cridier)
Mr. Andrew MacNichol, Mr. Andrew Grasberger, Mr. Chris Cridler, and Mr. Cy Caouette had a brief
discussion on the 2024 meeting schedule.
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