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HomeMy WebLinkAbout2009-07-16 Zoning Board of Appeals Minutes'l m (LekK Town of Reading T 0 `tl 0 L r- EZ`C ZONING BOARD OF APPE" 1J, I Minutes of July 16, 2009 001SP21 P12"55 Members Present: Clark Petschek, Chairman Robert Redfern John Miles John Jarema Damase Cayoutte Jeffrey Perkins Members Absent: 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. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 09-05 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., Attending were Lisa Mead, Attorney, and Kevin Fulgoni, Petitioner. There were only three members present who could vote on the case so the Petitioner requested a continuance to August 6, 2009. On a motion by Robert Redfern, seconded by Clark Petschek, the Zoning Board of Appeals moved to continue the hearing to August 6, 2009. Vote was 4-0-0 (Miles, Redfern, Petschek, Perkins). Case # 09-10 A Public Hearing on the petition of Robert M. Miller who seeks a Special Permit under Section 6.3.17 of the Zoning By-laws in order to remove an existing dwelling and to construct a new single family dwelling on a non-conforming lot on the property located at 101 Winthrop Avenue in Reading, MA. Nancy Twomey presented the case for the Applicant, Robert Miller. The new dwelling will have 3 bedrooms and, the existing house foundation will not be used. The new dwelling will meet all zoning requirements and is appropriate for the neighborhood. It doubles the current house size at 2,000 square feet. The height is 30' at the highest peak off the existing grade. go- ZBA Meeting, July 16, 2009 Mr. Redfern said he measured the height of the proposed dwelling as being 32' high and having about 3,800 square feet of living space. He agreed the proposed dwelling does meet all existing requirements. The Building Inspector said this was a typical demolition and reconstruction and it meets all requirements. John Carpenter of 114 Hanscom Avenue voiced his support of the project, but expressed concern about the existing sump pump discharge and wanted any future sump pump to discharge into the storm drain. Ms. Twomey said she would pursue this request with the engineering department to see if this would be possible. On a motion by Robert Redfern, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to grant a Special Permit to the Applicant under Section 6.3.17 of the Zoning By-laws in order to allow the Applicant to demolish the current dwelling on the lot and to replace it with a new two-story dwelling as laid out on the referenced plot plan and shown on the referenced architectural drawing. 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 vote was 5-0-0 (Miles, Redfern, Jarema, Perkins, Petschek). Case # 09-09 Continuation of a Public Hearing on the petition of Leslie McGonagle who seeks a Special Permit under Section 6.3.17 of the Zoning By-laws in order to construct a single family dwelling on a non-conforming lot on the property located at 26 Canterbury Drive in Reading, MA. *Special Permit ZBA Case # 07-07 dated April 19, 2007 has expired. Leslie McGonagle distributed a petition from the abutters indicating they approved this project. She had also submitted a copy of the Purchase & Sales Agreement and a sketch of the proposed dwelling as requested by the Board at the previous hearing. Mr. Redfern said the proposed dwelling appears to match the footprint of the previously proposed dwelling. ZBA Meeting, July 16, 2009 2 The Building Inspector said there is no height shown on the proposed dwelling. Mr. Redfern said the height appears to be no higher than 30'. Mr. Jarema said this neighborhood is all flat so the height is important. It appeared to him that the average residence height in the area is about 28'. Mr. Redfern asked specifically that the architectural rendering and the plot plan to be referenced in the decision. Tim Murphy of 25 Canterbury Drive voiced his opinion of the water situation and asked that this property be tied in to the storm drain. Georgianna Doka of 9 Canterbury Drive expressed her approval of the project. On a motion by John Jarema, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to grant the Applicant a Special Permit under Section 6.3.17 of the Zoning By-laws in order to construct a two-story dwelling as depicted on the architectural sketch dated July 13, 2009 that appears as a raised ranch or split level home and as defined on the Certified Plot Plan. This decision 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 vote was 4-0-0 (Miles, Redfern, Jarema, Perkins). Minutes On a motion by Robert Redfern, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to accept the minutes of June 4, 2009. The motion was approved by a vote of 3-0-0 (Petschek, Perkins, Redfern). On a motion by Robert Redfern, seconded by John Miles, the Zoning Board of Appeals moved to accept the minutes of June IS, 2009. The motion was approved by a vote of 4-0-0 (Jarema, Miles, Redfern, Perkins). ZBA Meeting, July 16, 2009 3 Reorganization On a motion by Robert Redfern, seconded by John Miles, the Zoning Board of Appeals nominated Clark Petschekc as chairman and Jeffrey Perkins as vice chairman. The motion was approved by a vote of 6-0-0 (Jarema, Miles, Redfern, Perkins, Petschek, Cayouette). Other Business Carnation Circle is requesting to double the size of their tool storage shed. The Town Planner and Town Counsel thought the Board could grant a minor modification without a public hearing because it would not adversely affect any of the neighbors. The Board was not comfortable taking any action without plans to review. Mr. Jarema would also like a written statement from the nearest abutter. He also thought the condo association should want a more formal document and approval. Mr. Petschek will speak with the Town Planner. Adjournment On a motion by Robert Redfern, seconded by John Miles, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 6-0-0 (Jarema, Miles, Redfern, Perkins, Petschek, Cayouette). Respectfully I am Ma reen M. Recording Si ZBA Meeting, July 16, 2009 4