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Home My WebLink About2009-04-02 Zoning Board of Appeals Minutes~REC IVED Town of Reading TOW CLERK ZONING BOARD OF APPEALSRE A 01 _ G, M S S' Minutes of April 2, 2009 T11 Vi NY 13 P 1"' 02 Members Present: Paul Dustin Robert Redfern John Miles Clark Petschek Jeffrey Perkins Members Absent: John Jarema 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 # 09-03 A Public Hearing on the petition of Michael S. Pantano who seeks a Special Permit under Section 6.3.11.1 of the Zoning By-laws in order to add a two-story addition to an existing non- conforming dwelling on the property located at 6 Harriman Avenue in Reading, MA. The proposed addition will have a rear yard setback of 15.99' rather than the required setback of 20' Michael Pantano explained he wants to put on an addition for more space for his family. The Board questioned if the attached deck had been permitted when it was originally built. The Applicant did not know if the original deck was built with a building permit. When Mr. Pantano purchased the home, the deck reportedly had been there more than ten years. In 2007, Mr. Pantano needed to rebuild the deck and did receive a building permit for the rebuilding of the deck from the Building Inspector. The Building Inspector considers the existing deck a legally constructed structure. In order to accomplish the proposed addition, Mr. Pantano would also be taking down the existing garage. The Board discussed Section 6.3.11.1 and whether it did in fact pertain to this particular case. The Building Inspector thought this Section was applicable. Mr. Pantano submitted letters in favor of the project from his direct abutters. 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 to construct a two-story addition (with a rear yard setback of 15.99') to an existing non-conforming single-family dwelling located on the property at 6 Harriman Avenue, Reading, Massachusetts, ZBA Meeting, April 2, 2009 1 as shown on the Plot Plan and as depicted on submitted architectural plans A.1, A.2 and A.3 as prepared by Salemi Associates Architects, Inc., 115 Harrison Avenue, Wakefield, Massachusetts 01880, dated January 29, 2009. This Special Permit is 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 pen-nit; and 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 (Dustin, Redfern, Petschek, Miles, Perkins). Case # 09-04 A Public Hearing on the petition of Tom & Shannon Lightbody who seek a Special Permit under Section 6.3.11 of the Zoning By-laws in order to construct a 2-story addition and deck to a non- conforming dwelling on the property located at 64 Forest Street in Reading, MA. The proposed addition and deck will encroach into the side yard setback of 15'. Joe Foster, agent and contactor for the project, presented the proposal for an addition and deck to his client's home. Tom and Shannon Lightbody need additional space for their family. The Conservation Commission Administrator, Fran Fink, told Mr. Foster this property is not within the 100' buffer from the conservation lands and she will sign off on the building permit application for the Lightbodys. The Board thought this proposed addition and deck was within the parameters for Section 6.3.11 of the Zoning By-laws. On a motion by Clark Petschek, seconded by John Miles, the Zoning Board of Appeals moved to grant the Applicants a Special Pen-nit under Section 6.3.11.1 of the By-Laws to construct a two- story addition and deck (with a side yard setback of 7.7') to an existing non-conforming single- family dwelling located on the property at 64 Forest Street, Reading, Massachusetts, as shown on the Plot Plan and as depicted on submitted architectural plans A.1, A.2, A.3, A.4 and A.5 as prepared by Lassanah Associates, 573 Boston Road; Suite 20, Billerica, Massachusetts 01821, dated September 22, 2008, November 10, 2008 and November 12, 2008. This Special Permit is subject to the following conditions: 1. The Petitioner shall submit to the Building Inspector a certified plot plan of ZBA Meeting, April 2, 2009 2 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; and 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 (Dustin, Redfern, Petschek, Miles, Perkins). Minutes On a motion by Clark Petschek, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to accept the minutes of January 15, 2009. The motion was approved by a vote of 5-0-0 (Dustin, Redfern, Petschek, Miles, Perkins). On a motion by Robert Redfern, seconded by John Miles, the Zoning Board of Appeals moved to accept the minutes of January 22, 2009. ' The motion was approved by a vote of 5-0-0 (Dustin, Redfern, Petschek, Miles, Perkins). On a motion by John Miles, seconded by Robert Redfern, the Zoning Board of Appeals moved to accept the minutes of February 5, 2009. The motion was approved by a vote of 5-0-0 (Dustin, Redfern, Petschek, Miles, Perkins). On a motion by Robert Redfern, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to accept the minutes of February 19; 2009. The motion was approved by a vote of 4-0-1 (Dustin, Redfern, Miles, Perkins, Petschek abstained). On a emotion by Robert Redfern, seconded by Clark Petschek, the Zoning Board of Appeals moved to accept the minutes of March 5, 2009. The motion was approved by a vote of 4-0-1 (Dustin, Redfern, Petschek, Miles, Perkins abstained). ZBA Meeting, April 2, 2009 Other Business The Chairman reviewed the forms designed by Town Counsel to use for "Agreement to Extend Time Limits for Holding Public Hearings and Filings of a Decision on a Petition for Special Permit and Agreement to Extend Time Limits for Holding Public Hearing" and "Filing of a Decision on a Petition for Variance/Appeal from Decision of the Building Inspector." The Chairman questioned if the Board should use these forms in lieu of just a letter from the Applicants. The other Board members thought these forms would standardize the process. On a motion by Jeffrey Perkins, seconded by Robert Redfern, The Zoning Board of Appeals moved to approve the above-mentioned forms and their use. The motion was approved by a vote of 5-0-0 (Dustin, Redfern, Petschek, Miles, Perkins). SEE FORMS INSERTED ON NEXT TWO PAGES F ZBA Meeting, April 2, 2009 4 Town o Reading 16 Lowell Street Zoning Boa rd f Appeal Reading, A 01867-2683 F$FU- l . s1) 942- 071 EONING B t~E A PPE U AGREEMENT TO EXTE`~ TL1IE LBAT:ti FOR HOLDPE Ci PUBLIC 1=._kTtUG A_ -D FQ lNc, OF A DE(ISIO O A PETITI(-) FOIE PECLN-L PERMIT Date, In t Le ni that A ase TTSe ulna th- un11I-, Board of ' F'F..-aL,, p$mant to "M G. L... C }13prer *-,',A-:,,'9- 3pee to extend tLe re 111 red time 1 nll for-lie h=_ lLn _ f a pubhic hi.-,Ti z and far to d.:m- ' a 3 c S' IC-111 On "'eRL.:;t app--1_ atic!t for a period of be, the ~ ~ v ca~~ be,. end tIi~. that te heuias required to be held and the clr~is~o V'a:s to be filed. IIi °:elllt ll` l]15 _7 s' ~11t_ "die `i~,?i11i: Jlt _ `ll ref : ~lr:~tl' 311y xi- ire cl?: Tll rCI a =t l cti : r zpxit of relief ba~,e, za nent ADD-llcCallt ,i Apphcaute'A ent Zta g,Bo r3afAppeal; (Iiair Appllc allt ?D ate: Tabor: Clerk c mmp f,r ZBA Meeting, April 2, 2009 Town of Reading 16 Lowell Street Zou%ugBoc,ed 3fAppeas t Reading, M 01867-26$3 Exx 24t,71 ZO~~-L G B . OF _-PFEAL AGRE'EME-7:N7 TO EXTEND TIAIE LEIIITS FOR HOLDING PUBLIC HE A Ci A~-D F][Lr G OF A DE t I~It?,~; 0--\ A PETITION FOR V.ARLA- CE'.-kPFE?aL &R0--\1 DEC'ISI(--)N i_iF THE BVILDENG LtiSPEC TOR Date I.n the matter of that ZBA Case Tx 1 1icmK,u) and fib ninz oarcw cit. tT _ rLr vaiat tG m al,. Cha "er --iA, 1 1~Jr e: tL-) e trend the re fuel tme HILL ` r th- i c, ,,Li c, a frt.,.]-- hea1T;l and for the flung of a 3e u,i_n cn this Evana icy , Dee," 11v iii ;d-cI,i_ii i rUulchii r= pecic)rj kr ap odof days, re`,-cur lie is that the hea gig v, a , regcurec to be he"ld a ;i tree dec.,Ac a as to he filed:. i xecut`ill_ till` E`Tee ]lent, h I1C371Ci' : hereta ,~~eciduffl ti Ta 1 ',`e - Ll'. Ill for a -on"tn"rtiv' c-T"Ult of L7ehe ba. upon Eme Wit, ] pp.able pncr tc tlhe ea~:&11 of this ~rt. c= anti'S. Aj,phcaiit Agent Zo i,-- Bcard,of peah Chia AppI cant I Let -e:-1 by To,,%m C1 D3tei T vn C Ier1 Stamp ZBA Meeting, April 2, 2009 6 The Chairman said he wrote a letter to the EDC regarding the Board's opinion as to the signage changes the Board recommended. He said he received back a letter thanking the Board for their input but he said he not heard from them otherwise. Adjournment On a motion by Clark Petschek, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 5-0-0 (Dustin, Redfern, Petschek, Miles, Perkins). Respectfully submi Maureen M. 14ight Recording Se retar} k ZBA Meeting, April 2, 2009 7