Loading...
HomeMy WebLinkAbout2009-08-06 Zoning Board of Appeals Minutesou~nl C~ER~ Town of Reading ZONING BOARD OF APPEALS Minutes of August 6, 2009 Members Present: Clark Petschek, Chairman Robert Redfern John Miles John Jarema Jeffrey Perkins Damase Caouette Members Absent: Peter Tedesco M-CEIVED TO' ' CLERK ,2000 SEP 21 P O 56 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 # 09-05 Continuation of a Public Hearing on the petition of Lisa Mead, Blatman, Bobrowski & Mead, - LLC; who seeks a Variance under Section 5.1.2 of the Zoning By-laws in order to allow the owner (Kevin Fulgoni) to construct a single family dwelling on the property identified as Lot A, South Street in Reading, MA. Attorney Lisa Mead represented Kevin Fulgoni who also attended the meeting. Attorney Mead reviewed the case and all that had taken place to date concerning this property. She reviewed the hardships that were perceived by her and Mr. Fulgoni due to the taking by the state of a portion of this property in order to build Route 128. The Board asked some questions regarding the date of purchase by Mr. Fulgoni, and the compensation paid to the then owners at the time of the taking. It was noted by the Board that the lot was always sold at a reduced price after the land taking by the State due to the decreased lot size. Attorney Mead contended that what made the lot non-conforming was when the Town rezoned. There is also litigation still pending regarding whether this lot is a buildable lot, but Attorney Mead pointed out that does not affect this appeal before the Board. There was some discussion regarding the uniqueness and hardship relating to this lot in its present state and the Board thought these qualities were not present in this property. Criteria one and three presented problems to the Board who felt there was no justification. Paula Gentile of 393 South Street voiced her objections to the proposed project. ZBA Meeting 08-06-09 Heather Tenney of 398 South Street voiced her objections to the proposed project. On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicant a Variance from Section 5.1.2 of the By-laws relative to less than minimum lot frontage, lot area, lot shape, and lot width in order to construct a two-story dwelling on the property. The motion was denied by a vote of 0-5-0 (Miles, Redfern, Petschek, Jarema, Perkins) Case # 09-12 A Public Hearing on the petition of Julia & James Rodger who seek a Special Permit under Section 6.3.17 of the Zoning By-laws in order to demolish the existing one-story dwelling and to construct a new two-story dwelling on a non-conforming lot on the property located at 24 Elliott Street in Reading, MA. Julia Rodger presented her proposal to the Board. They will put in a rectangular colonial style dwelling. The Building Inspector said it is a typical tear-down and rebuild and Ms. Rodger's proposal will make the dwelling more conforming than what is presently there. He did not have any issues with the proposal. The Board had a few questions that were answered by the Applicant. Ellen Childress of 105 Green Street asked a number of questions about the proposal. On a motion by John Miles, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to grant the Applicant Special Permit under Section 6.3.17 of the Zoning By-laws in order to construct a new single family two-story dwelling as depicted on the referenced certified Plot Plan and architectural design. This Special Permit is conditioned upon the following: 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. 3. 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 (Miles, Redfern, Petschek, Jarema, Perkins). ZBA Meeting 08-06-09 2 Case # 09-13 A Public Hearing on the petition of Anthony & Karen Martignetti who seek a Special Permit undef Section 6.3.11 of the Zoning By-laws in order to add a 15' x 24' structure on an existing non-conforming dwelling on a non-conforming lot on the property located at 28 Glen Road in Reading, MA. The proposed addition is located 4.4' from the sideline. Karen Martignetti presented her proposal to the Board. They will be removing the porch from the existing dwelling and adding an addition. The Building Inspector said the Applicant would maintain the current 4.4' setback. The Board said it appeared to be a legal non-conforming lot and the proposed addition does not increase the non-conformity of the current dwelling. Lauren Hunt of 32 Glen Road voiced her objection to the size of the proposed addition. Chris Coughlin, contractor for the job, said the proposed structure is fitting for the neighborhood and not too large. On a motion by John Jarema, seconded by John Miles, the Zoning Board of Appeals moved to grant the Applicant a Special Permit under Section 6.3.11.1 of the Zoning By-laws in order to construct a 15' x 24' two-story addition to the rear of the existing home along with a 6' x 8' single story mud room having a 3' overhang at the entrance and a 6' x 10' deck to the rear of the new two-story addition located on the north westerly corner of the property and not to encroach any closer than 4.7' to the westerly lot line as depicted on the Certified Plot Plan. This Special Permit is conditioned upon the following: 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. 3. 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 (Miles, Redfern, Petschek, Jarema, Perkins). Other Business ZBA Meeting 08-06-09 3 Carnation Circle The Board reviewed the material submitted by Mr. Nazzarro for Greenhouse Acres. The shed must actually be placed further away than anticipated and will not now affect the nearest abutter, Virginia Adams. The Board will continue the discussion when additional information is submitted. Adjournment On a motion by John Miles, seconded by Robert Redfern, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 6-0-0 (Miles, Redfern, Petschek, Jarema, Perkins). Respectfully submi ima n M. Kni t Recording Secr tarp ZBA Meeting 08-06-09 4