No preview available
HomeMy WebLinkAbout2009-05-21 Zoning Board of Appeals MinutesRECEIVED Town of Reading TOWN CL E R K RE~G, I. AY ASS ZONING BOARD OF APPEALS Minutes of May 21, 2009 INUUM-5 P 3' 111 Members Present Members Absent Paul Dustin, Chairman Robert Redfern Clark Petschek John Miles John Jarema Peter Tedesco Jeffrey Perkins 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 # 09-07 A Public Hearing in the Selectmen's Meeting Room on 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. D'Arezzo, owner, and Joe Tibbo, project architect, attended the hearing. Mr. D'Arezzo presented his case to the Board, his reasons why the addition had to be located where it was shown on the plot plan, and his interpretation of the zoning by-laws cited. Mr. Petschek asked if they could increase the setback to 15' and Mr. Tibbo said he thought it might be possible. Mr. D'Arezzo cited Section 5.2.3.1 of the Zoning By-laws regarding the required front setback required for his lot. Board members said they could not recall using Section 5.2.3.1 for this purpose before. Mr. D'Arezzo presented a ZBA decision for the house next to his that stated the setback for that property was 9.2'. Mr. D'Arezzo said the Building Inspector had requested this information. The Board discussed the possibilities regarding Special Permits and Variances and explained them to Mr. D'Arezzo. Mr. D'Arezzo presented what he thought were arguments in support of the four criteria that qualified his property to be granted a Variance. ZBA Meeting, May 21, 2009 1 Mr. Petschek examined the contentions presented and gave his objections to the arguments in support of criteria 1, 3 and 4, as presented by Mr. D'Arezzo. Mr. Redfern also objected to criteria 1 as presented by Mr. D'Arezzo for a Variance. The Board suggested various alternatives to avoid the need for a Variance and presented them to Mr. D'Arezzo. Doug Neary, who lives across the street from Mr. D'Arezzo, said he is in favor of this project. The Board explained to Mr. D'Arezzo that because there were only four members present, he would require a unanimous decision for a Variance. Mr. D'Arezzo requested that the Board vote on the variance at this meeting even though it was not a full 5-member Board. Mr. Dustin was agreeable to Mr. D'Arezzo's criteria for 2, 3 and 4 for a Variance. On a motion by Paul Dustin, seconded by John Miles, the Zoning Board of Appeals moved to grant the Applicant a Variance from Paragraph 5.1.2, Table of Dimensional Controls, of the Zoning By-laws in order to construct atwo-story addition, measuring approximately 45' x 28', on the property located at 1.30 John Street, Reading, Massachusetts, which would result in total lot coverage of 28.1%, the Board voted to deny the Variance. The vote was 1-3-0 (Dustin affirmative, Redfern, Petschek, Miles negative). Mr. D'Arezzo's asked to continue his case regarding the Special Permit to June 4, 2009 and submitted the Town form to this effect. On a motion by Clark Petschek, seconded by Robert Redfern, the Zoning Board of Appeals moved to continue the hearing regarding the Special Permit to June 4, 2009. The vote was 4-0-0 (Dustin, Redfern, Petschek, Miles). On a motion by John Miles, seconded by Robert Redfern, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 4-0-0 (Dustin, Redfern, Petschek, Miles). im spectfully submit aen M. Knight Recording ZBA Meeting, May 21, 2009 2