HomeMy WebLinkAbout2009-11-19 Zoning Board of Appeals Minutes10A C CRK_
Town of Reading
ZONING BOARD OF APPEALS
Minutes of November 19, 2009
Members Present: Clark Petschek, Chairman
Robert Redfern
John Jarema
John Miles
Damase Caouette
Peter Tedesco
Members Absent: Jeffrey Perkins
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 P.M.
Case # 09-19
A Public Hearing on the petition of Two Walkers Brook Crossing LLC who seeks a Variance
under Sections 6.2.2/4.9.5.6.3.G/Table 6/2/3 of the Zoning By-laws in order to install a real
estate wall sign greater than 16 square feet on the property located at 40 Walkers Brook Drive
in Reading, MA.
Attorney Chris Latham represented the Applicant. He reviewed the history of the property and
the previous granting of a Variance by the Board in August to allow this same sign at the
location for 90 days. They are requesting the same relief at this time because the building has
still not been rented due to the poor economy. Attorney Latham reviewed the reasons they
needed this relief in order to continue to display the "For Rent" sign on the vacant property, and
reviewed the criteria he thought met the requirements for a Variance.
The Chairman reviewed the history of this "For Rent" sign and explained that the sign had first
been put up without a permit by the Applicant knowing that it was a zoning violation. The
Applicant also allowed this previous variance to lapse instead of appearing before the Board to
ask for an extension of that Variance.
The Board members had questions for the Applicant and voiced their various thoughts regarding
the granting of a Variance again for this property.
The Building Inspector submitted a memo to the Board voicing his opinion that he felt the
Variance should not be granted and the sign should be removed immediately.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to grant the Applicant a Variance under Section 6.2.3.21 of the by-laws in order to maintain a
temporary real estate banner sign of no more than 100 square feet in area as depicted in Exhibit
ZBA Meeting, November 19, 2009
B, on the property located at 40 Walkers Brook Drive, as depicted in the Sign Plan, until the
earlier of (i) February 19, 2010 or (ii) the occupation of the property by a tenant.
The motion was approved by a vote of 5-0-0 (Petschek, Redfern, Jarema, Miles, Caouette).
Case # 09-18
Continuation of a Public Hearing on the petition of Ron Ranere who seeks a Variance /Special
Permit /Finding under Sections 5.1.2/ 6.3.2.1/ 2.2.5/ 2.2.2.1of the Zoning By-laws in order to add
2 toilet rooms (2 floors) to comply with regulations for the operation of the Daniels House
Nursing Home on the property located at 59 Middlesex Avenue in Reading, MA. The addition is
an expansion of a non-conforming use and may increase the lot coverage to 26.5%.
Ron Ranere, the architect for the project, reviewed the project history. The adding of the two-
story toilet room addition is a mandatory requirement under Medicare because there must be a
special care room that contains a private toilet. The lot coverage would be 26.6% due to the
addition.
Mr. Ranere reviewed what he thought were the criteria necessary for granting the Variance.
The Board members had questions for the Applicant and voiced their various thoughts regarding
the granting of a Variance and Special Permit for the proposed addition.
Mr. Ranere requested that his application for a finding be withdrawn.
On a motion by Damase Caouette, seconded by John Miles, the Zoning Board of Appeals moved
to grant the Applicant a Special Permit under Section 6.3.10.2 of the Zoning By-laws in order to
construct a two story addition as depicted on the referenced Plot Plan and Architectural
drawings.
The motion was approved by a vote of 5-0-0 (Petschek, Redfern, Jarema, Miles, Caouette).
On a motion by Damase Caouette, seconded by John Jarema, the Zoning Board of Appeals
moved to grant the Applicant a Variance from Section 5.1.2 of the Zoning By-laws in order to
construct a two story addition, as depicted on the reference Plot Plan and Architectural drawings,
which will increase the lot coverage to 26.6%.
The motion was approved by a vote of 5-0-0 (Petschek, Redfern, Jarema, Miles, Caouette).
Adjournment
On a motion by Damase Caouette, seconded by John Jarema, the Zoning Board of Appeals
moved to adjourn the meeting.
The motion was approved by a vote of 6-0-0 (Petschek, Redfern, Jarema, Miles, Caouette,
Tedesco).
ZBA Meeting, November 19, 2009 2
R spectfully submit
Ma reen M. Knight
Recording Secretary
ZBA Meeting, November 19, 2009