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HomeMy WebLinkAbout2009-11-05 Zoning Board of Appeals Minutes,-Tom JL--J Town of Reading ZONING BOARD OF APPEALS Minutes of November 5, 2009 Members Present: Clark Petschek, Chairman John Jarema Jeffrey Perkins Damase Caouette John Miles Members Absent: Robert Redfern Peter Tedesco 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 # 09-16 A Public Hearing on the petition of Stacey Venuto who seeks a Special Permit under Section 6.3.10.3 of the Zoning By-laws in order to operate a hair salon in a residential district on the property located at 845 Main Street in Reading, MA. Stacey Venuto presented her proposal to the Board for the building and the parking layout. The Board asked about the prior use of the building and if Ms. Venuto did in fact own the building. She did own the building but did not know much about its prior history. Mr. Jarema explained to Ms. Venuto that the Board would have to consider that the new use would be substantially less detrimental to the neighborhood than the prior use which was as a switching station for Verizon. Ms. Venuto was also asked if she had considered other alternatives for the property and she said she had not. John Arena of 26 Francis Drive voiced his opposition to the proposed project. Ms. Feeley from Main Street voiced her opposition to the proposed project. Mr. Sudeah, next door neighbor, voiced his opposition to the proposed project. Mr. Venuto voiced his approval of his daughter's proposed project. Paul Debenedictis from Main Street voiced his opposition to the proposed project. Mrs. Venuto voiced her approval of her daughter's proposed project. ;c ZBA Meeting, November 5, 2009 Mr. Perkins said this property is zoned residential and it can still be used as a residential property. Barbara King of 22 Francis Drive voiced her opposition to the proposed project. Joan McCord of 848 Main Street voiced her opposition to the proposed project. Paul King of 22 Francis Drive voiced his opposition to the proposed project. Tom McCord of 44 Francis Drive voiced his opposition to the proposed project. Ms. Venuto told the abutters present that she could always open a salon in this location as a home occupation in a residential dwelling and that things change and people have to adjust. The Board members commented on how strongly the bylaw states that the new use should be a substantially less detrimental use than what was there. The Board presented the options available to Ms. Venuto and she requested that her application be withdrawn without prejudice. On a motion by John Jarema, seconded by Damase Caouette, the Zoning Board of Appeals accepted the Applicant's request to withdraw the petition without prejudice. The motion was approved by a vote of 5-0-0 (Perkins, Jarema, Petschek, Caouette, Miles). Case # 09-17 A Public Hearing on the petition of James E. Monagle who seeks a Special Permit under Section 6.3.11.1 of the Zoning By-laws in order to construct a 16' x 20' addition to the existing non- conforming structure on the property located at 7 King Street in Reading, MA. This is a non- conforming lot. Nancy Toomey, Architect, represented the Applicants and presented their proposed addition to the Board. They are reducing slightly the non-conformity and the addition fits in nicely with the neighborhood. The Board members made favorable comments about the proposed addition and its appropriateness for the neighborhood. On a motion by John Miles, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to grant the Applicants request for a Special permit under section 6.3.11.1 of the Zoning By-laws in order to construct a one-story addition as depicted on the referenced Plot Plan and architectural drawings. This Special Permit is conditioned upon the following standard conditions: ZBA Meeting, November 5, 2009 2 1. The Petitioner shall submit to the Building Inspector a Certified Plot Plan of the - proposed construction and proposed foundation plans, prior to the issuance of a foundation permit for the work. 2. The Petitioner's final construction plans for the new structure shall be submitted to the Building Inspector, along with the as-built foundation plan(s), prior to the issuance of a Building Permit. As-built plans showing the completed construction shall be submitted to the Building Inspector immediately after the work is completed and prior to the issuance of an Occupancy Permit. The motion was approved by a vote of 5-0-0 (Perkins, Jarema, Petschek, Caouette, Miles). Case # 09-18 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, Architect, represented the Applicants and presented the proposed addition that would have two stories containing toilet rooms. This would make the lot coverage increase to 26.5%. There is an addition in the back that is counted in the lot coverage but Mr. Ranere thought this might not be considered part of the lot coverage. The Chairman said the lot coverage discussion would have to take place with the Building Inspector present at the meeting in order to hear his input as to whether the coverage calculations are correct. There also was no denial letter in the packets from the Building Inspector. Mr. Jarema said the Board wants to approve the proposal but needs to figure out how best to do this and they need the input of the Building Inspector. On a motion by Damase Caouette, seconded by John Jarema, the Zoning Board of Appeals moved to continue the hearing to November 19, 2009 for the purpose of advice from the Building Inspector. The motion was approved by a vote of 5-0-0 (Perkins, Jarema, Petschek, Caouette, Miles). Minutes: ZBA Meeting, November 5, 2009 3 On a motion by Damase Caouette, seconded by John Miles, the Zoning Board of Appeals moved to accept the minutes of September 17, 2009. The motion was approved by a vote of 3-0-0 (Caouette, Miles, Petschek) On a motion by John Miles, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to accept the minutes of October 1, 2009 as amended. The motion was approved by a vote of 4-0-0 (Caouette, Jarema, Perkins, Petschek). Adjournment On a motion by John Miles, seconded by John Jarema, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 5-0-0 (Caouette, Jarema, Perkins, Petschek, Miles). Respectfully Maureen M. Recording S ZBA Meeting, November 5, 2009 4