HomeMy WebLinkAbout2009-06-04 Zoning Board of Appeals MinutesowA caK
Town of Reading
ZONING BOARD OF APPEALS
Minutes of June 4, 2009
Members Present: Paul Dustin
Robert Redfern
Clark Petschek
Jeffrey Perkins
Peter Tedesco
Members Absent: John Miles
John Jarema
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TOWN CLERK
100q JUL 2 I P 2.- 3b '
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 continuation of the 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 was also present. Attorney Mead reviewed
the revised plans with the Board. She reviewed the history of the lot and the land-taking by the
state that created the lot that is now owned by Mr. Fulgoni. She reviewed what she thought were
the criteria that qualified this property for a Variance.
Mr. Redfern did not think this is a buildable lot, it is not grandfathered, has only half the required
frontage and he did not think it is even close to the area of the lots that are in the neighborhood.
He did not think this lot was unique in any way in regards to its shape, topography or soil
conditions.
Mr. Dustin questioned the new site plan submitted and did not see how this plan satisfied
Variance criteria 3 and 4. Mr. Dustin asked if the Applicant would consider a single car garage
and the Applicant said that was acceptable.
Paula Gentile, 393 South Street, stated her objections to the project.
Heather Tenney, 398 South Street, stated her objections to the project.
11-11
ZBA Meeting, June 4, 2009
The Chairman explained to the Applicant that only four of the members sitting tonight were in
attendance at the first meeting. Therefore, only those four members could vote at this meeting
and all four members would need to vote in the affirmative to carry a motion to grant a Variance
to the Applicant. If the Applicant so desired, the hearing could be continued to a later date in
order to allow five members to attend and vote on the Applicant's petition. The Applicant
requested that the hearing be continued rather than having only four members vote this evening.
On a motion by Robert Redfern, seconded by Clark Petschek, the Zoning Board of Appeals
moved to continue the hearing to July 16, 2009 at the request of the Applicant so that there could
be a five-member board present.
The motion was approved by a vote of 5-0-0 (Dustin, Redfern, Petschek, Tedesco, Perkins)
Case # 09-07
A continuation of the Public Hearing on the Special Permit portion of the petition of Anthony &
Elizabeth D'Arezzo who seek a Variance/ Special Permit under Section Table 5.1.2 & Section
6.3.11.1 of the Zoning By-laws in order to construct an addition approximately 45' x 28' and
two-stories in height on the property located at 130 John Street in Reading, MA. The proposed
addition encroaches on the front setback requirement of 20' and also exceeds the lot coverage
requirement of 25%. This property is located in an 5-15 Residential District.
Mr. Dustin advised the Applicant that there were only four members present who could vote on
this case and all four members would need to vote in the affirmative to carry a motion to grant a
Special permit to the Applicant. Mr. D'Arezzo said he still wished to proceed.
Mr. Dustin read the opinion submitted to the Board by Town Counsel regarding this case.
The Building Inspector thought Section 5.2.3 did not apply in this situation because there is not
an adjacent lot. He received Town Counsel's opinion and she also did not think this section
applied but for other reasons. The Building Inspector thought Section 6.3.11.1 was the
appropriate by-law for this case.
Mr. Petschek stated that he thought Section 5.2.3 was applicable and did not understand Town
Counsel's reasoning. Mr. Petschek said he did not think the Applicant needed to come before the
Board for a Special Permit in order to build the Applicant's proposed addition.
Mr. Dustin stated that he thought Section 5.2.3 was applicable and did not understand Town
Counsel's reasoning. Mr. Petschek said he did not think the Applicant needed to come before the
Board for a Special Permit in order to build the Applicant's proposed addition.
The Board had considerable discussion about the applicability and merits of a decision made
under By-laws 5.2.3 and 6.3.11.1.
ZBA Meeting, June 4, 2009 2
Mr. Dustin said on the advice of Town Counsel and the Building Inspector, the Board will hear
an argument for a Special Permit under 6.3.11.1.
Mr. D'Arezzo reviewed the new plans he had submitted and explained the changes to the Board.
On a motion by Robert Redfern, seconded by Clark Petschek, the Zoning Board of Appeals
moved to grant the Applicant a Special Permit under Section 6.3.11.1 of the By-laws in order to
construct a two-story addition, measuring approximately 44.8 feet x 27.0 feet, on the property
located at 130 John Street, Reading, MA as shown on the revised certified plot plan, revision 1,
dated May 28, 2009, subject to the following conditions:
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 4-0-0. (Dustin, Petschek, Redfern, Perkins)
Minutes
On a motion by Clark Petschek, seconded by Robert Redfern, the Zoning Board of Appeals
moved to accept the minutes of May 7, 2009.
The motion was approved by a vote of 3-0-0. (Dustin, Petschek, Redfern)
On a motion by Robert Redfern, seconded by Clark Petschek, the Zoning Board of Appeals
moved to accept the minutes of May 21, 2009.
The motion was approved by a vote of 3-0-0. (Dustin, Petschek, Redfern)
Adjournment
On a motion by Jeffrey Perkins, seconded by Robert Redfern, the Zoning Board of Appeals
moved to adjourn the meeting.
The motion was approved by a vote of 5-0-0. (Dustin, Petschek, Redfern, Perkins, Tedesco)
ZBA Meeting, June 4, 2009