HomeMy WebLinkAbout2009-01-22 Zoning Board of Appeals Minutes~Cown~ CORK
Town of Reading
ZONING BOARD OF APPEA
Minutes of January 22, 2009
Members Present: Paul Dustin
John Jarema
John Miles
Clark Petschek
Robert Redfern
Jeffrey Perkins
Members Absent: Peter Tedesco
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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 attending was Ellen
Doucette, Town Counsel.
Case # 08-29
Continuation of a Public Hearing on the petition of Robert L. Zeraschi who seeks an appeal from
a decision of the Building Inspector under Section(s) 7.4.2 of the Zoning By-laws in order to
seek an exemption from site plan review in accordance with MGL Chapter 40A, Section 3,
commonly referred'to as the "Dover Amendment" on the property located at Lots G & H Torre
Street (10 Torre Street) in Reading, MA.
Attorney Stephen Cicatelli said a site plan hearing is a special permit process. He said this
special permit process is prohibited. He said the courts have rejected special permits for child-
care facilities. He said even an abbreviated site plan review is prohibited. He thinks the building
inspector is the deciding authority.
Town Counsel Ellen Doucette said site plan review is from the local bylaws. She said in
Reading, site plan review is a discretionary review process. She said the bylaw could be applied
to the structure, parking, etc. as long as it does not prohibit the specific child-care use and is used
in a limited capacity. Reading's bylaws do not allow the building inspector to determine these
issues. Town Counsel said CPDC would just be reviewing the areas that were allowable. Town
Counsel said the CPDC would be approving a plan.
Attorney Cicatelli said the bylaw is too broad and needs to be redrafted. He said the site plan
process is not allowable and it is up to the building inspector. He said they have already met with
the DRT and they can advise the building inspector.
Town Counsel said that CPDC should apply that section that they can apply. She suggested the
Town revise this bylaw. She said this bylaw is not perfect but there are areas that can apply.
ZBA Meeting, January 22, 2009
On a motion by Robert Redfern, seconded by Clark Petschek, the Zoning Board of Appeals
moved to deny the appeal of the Petitioner and uphold the decision of the Building Inspector to
require a review by CPDC.
The motion was approved by a vote of 5-0-0 (Dustin, Petschek, Jarema, Redfern, Miles).
Other Business:
The Board wanted to know if they could contact Town Counsel directly. Town Counsel advised
the Board they must go to the Community Services Director first as a Board. The Director will
bring the request to the Town Manager who then approves the request can go to Town Counsel.
It was explained to the Board that Town Staff could not declare an application is not complete.
They must accept what is submitted. Only the Board can declare an application incomplete. She
said the Board can deny a case if it is incomplete if they so choose.
The Board also asked Town Counsel's opinion regarding a case before the Board now. The
Board would like to know how they could agree beforehand what they specifically want to ask
without violating the open meeting law. Town Counsel said they Board can just draft a short
paragraph requesting "information and they do not need to vote on it. Or they can put together the
question at their regularly scheduled meetings. Or they may individually send their questions to
the Community Services Director and she can group the questions and forward them to Town
Counsel. The Board asked other questions relating to the conducting of the Board's business.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to adjourn the meeting.
The motion was approved by a vote of 6-0-0 (Dustin, Petschek, Jarema, Redfern, Miles,
Perkins).
ectfully
Maureen M.
Recording S
2 ZBA Meeting, January 22, 2009