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HomeMy WebLinkAbout2025-07-01 Zoning Board of Appeals MinutesTown of Reading RECEIVED Meeting Minutes By Ton Clerk(RK)af0:09PM, Avg 07.2029 'rLnarpP �F Board - Committee - Commission - Council: Zoning Board of Appeals Date: 2025-07-01 Time: 7:00 PM Building: Reading Town Hall Location: Select Board Meeting Room Address: 16 Lowell Street Session: Purpose: Version: Final Attendees: Members - Present: Andrew Grasberger, Patrick Houghton, Frank Capone, Taylor Gregory, Cynde Hartman Members - Not Present: Chris Crider Others Present: Amanda Beatrice - Administrative Specialist, Kimberly Chelf, Mary Card, Amanda Haley, Mark Ventura, Stephen Crook Minutes Respectfully Submitted By: Amanda Beatrice Topics of Discussion: Case a25-04 - 39 Summer Ave Andrew Grasberger opened the continuance of a public hearing for Case #25-04 - 39 Summer Ave by reading the legal notice Into the record. Grasberger stated that the applicant sent an email request asking to continue the public hearing to the next meeting on Tuesday, August 5, 2025. Cynde Hartman made a motion to continue Case 425-04 - 39 Summer Ave at the applicants request. Chris Cddler seconded the motion and it was approved 5-0-0. Vote was 5-0-0 (Grasberger, Houghton, Capone, Hartman, Gregory) Case 825-08— 57 Pearl Street Andrew Grasberger opened the public hearing for Case #25-08-57 Pearl Street by reading the legal notice into the record. The applicant was unable to attend and was represented by their friend, Mark Ventura. Ventura explained that the applicants were seeking relief for a front portico that would require a variance of 4.6 feet, resulting in a front yard setback of less than 15.4 feet, instead of the required 20-foot setback. Cynde Hartman noted that there are four criteria that must be met to qualify for a variance. She expressed that the responses to the first and fourth criteria did not meet the necessary standards. She also voiced concerns about the proximity of the structure to the road. Andrew Grasberger agreed. Ventura mentioned that there is a roughly 3-foot retaining wall along the house and sidewalk. He requested that the board continue the case to allow the applicant time to review their options. Grasberger then opened the floor for public comment. Page 1 1 Orq r^ Town of Reading Meeting Minutes Kimberly Chelf of 58 Pearl Street expressed concern that the project would result in stain extending directly to the sidewalk. She also questioned the decision to continue the case in the applicant's absence. The board explained that continuances are common and noted that another case had already been continued earlier in the meeting. They emphasized that a continuance allows applicants to consider feedback, reevaluate their plans, and explore ways to meet the variance criteria. Applicants have the right to request a continuance. Patrick Houghton Hartman made a motion to continue Case #25-08-57 Pearl Street at the representative's request. Cynde Hartman seconded the motion and It was approved 5-0-0. Vote was 5-0-0 (Grasberger, Houghton, Capone, Hartman, Gregory) Case 925-09-121 Pleasant Street Prior to the opening of the public hearing for Case #25-09 —111 Pleasant Street, Taylor Gregory recused themselves from the case. Andrew Grasberger opened the public hearing for Case #25-09-111 Pleasant Street by reading the legal notice into the record. The applicant, Taylor Gregory, disclosed that they are an associate member of the Zoning Board of Appeals (ZBA), originally appointed in 2024 and recently reappointed by the Volunteer Appointment Subcommittee (VASC). Although their contractor submitted a building permit, Gregory was not aware they would be the one to file the ZBA application until after their VASC interview. As their spouse was unfamiliar with the process, Gregory proceeded to file the application themselves. The case and its details were not discussed with any other members of the Board. Administrative matters were handled in coordination with Amanda Beatrice, Town Staff. Gregory presented their project, which involves constructing a deck between the house and the driveway. The home, built in 1850 before zoning bylaws were established, is a non -conforming structure, located 2.1 feet from the side yard setback shared with 97 Pleasant Street. The proposed deck would have an 8.8-foot side yard setback and would not increase the existing non -conformity. Gregory noted that both immediate neighbors were contacted and expressed support forthe project. Gregory also referenced a similar case —Case #25-06 from the June 2025 meeting —which was approved. The Board agreed that the case was straightforward Grasberger opened the floor for public comment. Amanda Haley, a resident of 71 Tennyson Road, raised concerns about a potential conflict of interest. She felt that Gregory should have recused themselves entirely from the ZBA application process and that the project should have been disclosed during the VASC interview. Stephen Crook of 137 Pleasant Street, an abutter living a few doors down, stated he had no objections to the addition. He observed that the deck would be located on the side of the house opposite the existing non -conformity and would not create a new one. Board members addressed the concerns about a conflict of interest. Patrick Houghton stated that he would treat this application like any other and was unaware it Involved Gregory until the meeting. Cynde Hartman emphasized that all members take their responsibilities to the Board seriously. She also Page 12 t °r too + ° Town of Reading Meeting Minutes confirmed she was unaware the application was Gregory's and that they had never discussed the project. She believed the Board's decision would be consistent with its rules and obligations. Frank Capone and Andrew Grasberger both stated they had no prior knowledge of or conversations about the application before the meeting. Cynde Hartman made a motion to grant a Special Permit for Case #2S-09-111 Pleasant Street. Patrick Houghton seconded the motion and it was approved 4-0-0. Vote was 4-0-0 (Grasberger, Houghton, Capone, Hartman) Minutes: As some of the members did not -received the 5/3/25 they were not reviewed. The board would like to post pone the board reorganization until September. Motion to Adjourn Patrick Houghton made a motion to adjourn the meeting. Cynde Harman seconded the motion and it was approved 5-0-0. Vote was 5-0-0 (Grasberger, Houghton, Capone, Gregory, Hartman) Page 1 3 Town of Reading! v ` Li 16 Lowell Street, Reading, MA 01867 I + r+. Zoning Board of Appeals IZK Ph: 781 942 6654 or Fax: 781 942 9071 S r S' S 49 readmgma.gov/zoning-board-of-appeals CERTIFICATION PURSUANT TO G.L.c. 39, SECTION 23D OF PARTICIPATION IN A SESSION OF AN ADIUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION Note. Can only be used for missing one single hearing session; cannot be used for missing more than one hearing session. Inquiries concerning this form and your ability to participate in a matter where you missed a single hearing session should be addressed to Town Counsel. J 'Y'>+'�m�'Y�f� (name), hereby certify under the pains and penalties of perjury as follows: 1. 1 am a member of said board. O g� 2. 1 'sled hearing session on the matter of 7! ?'T which was held 0 7 �02 3. I e ' wed the evidence introduced at the hearing session I missed, which included a review of is whit one(s) applicable): a. audio recording of the missed hearing session; or b. V video recording of the missed hearing session; or C. a transcript of the missed hearing session. This certification shall become a part of the record of tceedings in th above matter. igagd unde pains and penalties of perjurythis day of � 2✓+<_ . e Received as part of the record of the above matter: Date: 8/ s/zS By: V��L eG ff , C e Position: I,CIVtU e Town of Reading ;v l,l , 7 F 16 Lowell Street, Reading, MA 01867 '1 Zoning Board of Appeals Ph: 781-942-6654 or Fax: 781-942-9071 ' S AMC readingma.gov/zoning-board-of-appeals CERTIFICATION PURSUANT TO G.L.c. 39, SECTION 23D OF PARTICIPATION IN A SESSION OF AN ADIUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION Note. Can only be used for missing one single hearing session; cannot be used for missing more than one hearing session. Inquiries concerning this form and your ability to participate in a matter where you missed a single hearing session should be addressed to Town Counsel. I, (name), hereby certify under the pains and penalties of perjury as follows: 1. I am a member of said board. 2. 1 missed a hearin5session on the matter of T�- peOrt SkMe which was held on �utl 4. 3. 1 reviewed allA a evidence introduced at the hearing session I missed, which included a review of (initial which one(s) applicable): a. audio recording of the missed hearing session; or b. � video recording of the missed hearing session; or C. a transcript of the missed hearing session. This certifica ion shall become a part of the record of the proceedings in the above matter. Signed un r the pain and penalties of perjury this day of ame Received as Apart of the record of the above matter: Date: By: 1, "a a..l Position: