HomeMy WebLinkAbout2009-05-07 Zoning Board of Appeals Minutes"104 ~LCRK k--
Town of Reading CLERK,
ZONING BOARD OF
Minutes of May 7, 209
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Members Present: Paul Dustin, Chairman
John Miles
Clark Petschek
Robert Redfern
John Jarema
Peter Tedesco
Members Absent: 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 # 09-05
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.
Attorney Lisa Mead represented the owner, Kevin Fulgoni. She said plans were provided to the
Building Inspector on March 15 but they were not in the sets distributed to the Board. Copies
were made and distributed to the Board and the abutters present.
Attorney Mead said they have appealed the denial of the last petition submitted to the Board that
was appealed in Land Court, and which decision was upheld by the Land Court. It is now slated
for a hearing before the Superior Court. She reviewed the history of this lot and the relief Mr.
Fulgoni was seeking from the Board.
Attorney Mead presented arguments that she thought fulfilled the four criteria required for the
granting of a variance and sited various cases she thought supported Mr. Fulgoni's petition.
The Board asked questions of Attorney Mead about the rezoning, compensation provided at the
time of the State land-taking, ages of other dwellings in the area, what had changed that caused
the owner to submit a new case for this lot, the location of the proposed deck, why they were not
attempting to meet the setbacks or lot coverage, why had they not considered putting in a smaller
house, and the square footage of the proposed house.
It was also determined by the Board that the Applicant actually needed variances the proposed
construction; a variance for the actual lot and a variance for the dwelling proposed for the lot.
The Board opined that there is no uniqueness to this lot regarding shape, topography or soil
conditions. The lot was this size when the Applicant purchased it, the applicant knew a variance
ZBA Meeting, May 7, 2009
would be required if it were to be built on, and the assessors have been taxing this lot as a non-
buildable lot.
Donna Boggs of 400 South Street voiced her objections to this proposal.
Paula Gentile of 393 South Street also voiced her objections to this proposal.
Attorney Mead responded to the comments made by the abutters.
Attorney Mead asked for a continuance so they can respond to some of the comments made at
this meeting. The Board suggested the Petitioner, in locating the proposed dwelling on the lot,
meet as many of the setback requirements as possible.
Attorney Mead filled out the required form to formally request a continuation for the case.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to continue the hearing to June 4, 2009 at the request of the Applicant.
Case # 09-06
A Public Hearing on the petition of 198 Ash Street Realty Trust, Dr. Fred J. Ravens, who seeks a
Variance/ Special Permit under Section(s) 5.9, 5.1.2, 6.3.11.2.b of the Zoning By-laws in order
to construct a 2"d floor addition to a non-conforming structure at the rear, approximately 9.8' x
12.2' and to construct a front and side entry area with handicap ramps 11.0' x 33.25' and 6' x 8'
as per plans on the property located at 198 Ash Street in Reading, MA. This property is located
in a Business-A District.
Nancy Toomey, architect on the project, presented the proposal for Dr. Fred J. Ravens. They
need to build a suitable ramp for handicapped access and reconfigure the entry for Dr. Raven's
dental practice. The rear entry is an exit for the building and provides access to the basement and
first floor. They need to bring the egress from the second floor up to code. They have already
received a variance from the Architectural Access Board for lack of an elevator in the building
but they do need to upgrade the ramp or there cannot be any business conducted in this building.
The Board asked questions about the parking space layout because the lot does not have painted
spaces. Ms. Toomey explained that the CPDC had approved a site plan waiver for thirteen
parking spaces. The Board concluded that even without the front ramp, the structure still would
be non-conforming with respect to the front yard setback.
On a motion by John Miles, seconded by Robert Redfern, the Zoning Board of Appeals moved to
grant the Applicant a Special Permit under Section 6.3.11.2.b of the Zoning By-laws in order to
construct a second floor addition as shown on the Plot Plan 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.
ZBA Meeting, May 7, 2009 2
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.
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, Petschek, Redfern, Dustin, Jarema).
On a motion by Robert Redfern, seconded by Clark Petschek, the Zoning Board of Appeals
moved to grant the Applicant a Variance from Section Table 5.1.2 in order to construct a front
and side entry with a handicap access ramp as shown on the Plot Plan.
The motion was approved by a vote of 5-0-0 (Miles, Petschek, Redfern, Dustin, Jarema).
Minutes
On a motion by Clark Petschek, seconded by Robert Redfern, the Zoning Board of Appeals
moved to approve the minutes of April 2, 2009.
The motion was approved by a vote of 4-0-0 (Miles, Petschek, Redfern, Dustin).
Other Business
Paul Dustin will be leaving the Board as of June 30, 2009.
Adjournment
On a motion by Robert Redfern, seconded by Clark Petschek, the Zoning Board of Appeals
moved to adjourn the meeting.
The motion was approved by a vote of 5-0-0 (Miles, Petschek, Redfern, Dustin, Jarema)
R spectfully submitted,
Maureen M. Knight
Recording Secretary
ZBA Meeting, May 7, 2009