Loading...
HomeMy WebLinkAbout2009-10-01 Zoning Board of Appeals Minutes16W~ CLCr~ K Town of Reading RECEIVED ZONING BOARD OF APPEALS TOWN CLERK Minutes of October 1, 2009 READING, MASS, Members Present: Clark Petschek, Chairman John Jarema Jeffrey Perkins Robert Redfern Damase Caouette Peter Tedesco Members Absent: John Miles 1009 NO 21 A 5 Z t 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. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 09-15 Continuation of a Public Hearing in the Selectmen's Meeting Room at the Town Hall, 16 Lowell Street in Reading, Massachusetts on Thursday, September 17, 2009 at 7:00 PM on the petition of Roberta Botticelli and Rick Nazzaro who seek a Variance and an appeal from a decision of the Building Inspector under Sections 4.8 and 7.4.2 of the Zoning By-laws in order to construct a residential two-family dwelling or a commercial building in a Business A District within an Aquifer Protection District on the property located at 130 Franklin Street in Reading, MA. The proposal exceeds the allowable lot coverage of 15%. Building plans, elevations and floor plans have not been submitted. Jack Sullivan represented the Applicants who also attended the meeting. Building plans, elevations and floor plans for a two-family residence were submitted for this hearing. Mr. Sullivan reviewed the changes made since the last meeting and the overall project. He pointed out the small section of the property that was in the Aquifer Protection District. Mr. Sullivan reviewed the history of the property and the Applicants' perception of what they thought they could do with the property when they purchased it. Mr. Sullivan said by-right they could put in a one or two family dwelling or a commercial property. Mr. Redfern said on the Town GIS it appears that the whole of this property is in the Aquifer Protection District. Ms. Botticelli said a previous Conservation Administrator, Don Nadeau, had told her that there were no restrictions on this lot. She said it was not her fault that she was given incorrect information by a Town employee. Mr. Sullivan reviewed what he thought were the four criteria required in order to be granted a Variance. ZBA Meeting, October 1, 2009 The Board voiced their disagreements with the criteria presented by Mr. Sullivan; particularly with the uniqueness factor in regard to lot shape, soils or topography that they thought was not present. Ms. Botticelli felt it was inappropriate and insulting for Fran Fink, present Conservation Administrator, to submit a letter to the Board giving her opinion. The Chairman explained the Board requests these letters of opinion from Town staff. Mr. Nazzaro listed all the reasons he thought they should be granted the Variance so they can build a two family residential dwelling on the property that they would sell as condos. He said a small two family dwelling would not be an improvement and he wants to build something of more substance. The Chairman explained that the legal requirements for the four criteria required for a Variance are the major forces behind the Board's decision. Cameron Deane of 124 Franklin Street voiced his opposition to the proposal. Jack Kyle of 115 Franklin Street voiced his opposition to the proposal. Ms. Botticelli said they were trying to put in a residential property but if they couldn't, then they would put in a commercial property. Nancy Cole of 120 Pearl Street voiced her opposition to the proposal. Mr. Jarema explained that the Board has to use the rules that are set by the State and they are not finding any uniqueness about this property and that is just the first criteria. Mr. Petschek said he also did not see any financial hardship either. After some consideration, the Applicants requested that their case be withdrawn without prejudice. On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved to accept the Applicants' request to withdraw their application without prejudice. The motion was approved by a vote of 5-0-0 (Jarema, Petschek, Perkins, Redfern, Caouette). Other Business: 45 Beacon Street - Request for a Minor Modification to previously granted 40B Project Angelo Salamone reviewed the changes to the plan for which he was requesting a Minor Modification. The Board members considered the proposed plans to represent a Major Modification, not a Minor Modification, because it is a major reconfiguration of the entire development. On a motion by Jeffrey Perkins, seconded by Robert Redfern, the Zoning Board of Appeals moved to make a determination that the request was not a Minor Modification but a major reconfiguration of the entire development. ZBA Meeting, October 1, 2009 2 The motion was approved by a vote of 5-0-0 (Jarema, Petschek, Perkins, Redfern, Tedesco). Proposed changes to Section 6.3.17 Mr. Redfern told the members about the changes being proposed at the Town Meeting for Section 6.3.17. Minutes: On a motion by Robert Redfern, seconded by Damase Caouette, the Zoning Board of Appeals moved to accept the minutes of August 20, 2009 as submitted. The motion was approved by a vote of 5-0-0 (Jarema, Petschek, Perkins, Redfern, Caouette). On a motion by John Jarema, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 6-0-0 (Jarema, Petschek, Perkins, Redfern, Caouette, Tedesco). Respectfully submi Maureen M. Kni Recording Secr tar ZBA Meeting, October 1, 2009