HomeMy WebLinkAbout2009-01-15 Zoning Board of Appeals Minutes,--(Owl ~ CSR i<
Town of Readi
ZONING BOARD OF APITJ 6k5
Minutes of January 15, 2009
Members Present:
Paul Dustin
Clark Petschek
Robert Redfern
John Miles
John Jarema
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 Glen
Redmond, Commissioner of Buildings.
Workshop with Town Counsel and Town Planner
Also Attending Workshop: Peter Hechenbleikner, Town Manager
Ellen Doucette, Town Counsel
Carol Kowalski, Town Plarmer
The Board and Town staff discussed the following issues:
• Variances - interplay of the four criteria; examples of hardship
• Sign Variances - circumstances when sign variance is justified
• Decision writing template
• Empowering Building Inspector to decide additions to non-conforming structures relative
to setback
• February 3'd workshop on open meeting law, ethics
Case # 08-31
A Public Hearing on the petition of Luke Roy - O'Neill Associates, who seeks a Special Permit
under Section(s) 6.3.17 of the Zoning By-laws in order to demolish an existing single family
dwelling and to construct a new single family dwelling on a non-conforming lot on the property
located at 57 Dividence Road in Reading, MA.
Luke Roy of O'Neill Associates presented the case for the Applicant. The existing dwelling was
damaged by fire. The Applicant wants to demolish the fire-damaged house and rebuild a new
single family dwelling that meets all setbacks but the lot is non-conforming because it does not
ZBA Meeting, January 15, 2009 1
have the required 20,000 square feet and the lot is in the aquifer protection district. The existing
structure also does not meet the front setbacks.
Ellen Doucette, Town Counsel, said this hearing should be continued because a land court judge
ruled in another case that Section 6.3.17 could only be used if the property was granted a Special
Permit originally. Therefore this case should be submitted under another section of the zoning
by-laws. Town Counsel requested time to submit a legal opinion to the Board so that the
Applicant might not have to withdraw and resubmit his petition.
On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals moved
to continue the hearing to March 5, 2009.
The motion was approved by a vote of 5-0-0 (Dustin, Jarema, Redfern, Petschek, Miles)
Case # 08-30
A Public Hearing on the petition of Massimiliano and Andrea Gabriello who seek a Variance and
a Special Permit under Section(s) 6.1.1.3/5.1.2/6.3.17 of the Zoning By-laws in order to demo
the existing fire-damaged building, maintain the existing foundation and to increase the floor
area of the second floor as per plans submitted on the property located at 285 Main Street in
Reading, MA.
Attorney Mark Johnson represented the owner and explained the history of the building and the
proposal submitted by the Applicant. The Applicant wants to reconstruct on the existing
foundation but extend half of the second floor to a larger part of the first floor. The Applicant
was informed that, similar to the preceding case, this case has been submitted under Section
6.3.17 and that a land court judge recently ruled that this section could not be used unless the
property was granted a Special Permit originally. But Attorney Johnson wanted to present his
case under this section anyway and then have the case continued in order to research if he can
indeed use this section anyway.
Mr. Redfern said since the building has not been used in over 24 months then it is basically an
empty lot. Attorney Johnson said they were looking for a Special Permit for reconstruction. He
also thought where the property had been actively marketed within the last 24 months then it was
still viable as a pre-existing non-conforming property. Mr. 7arema said they need Town
Counsel's advice for this situation.
Mr. Redfern said they fall under Section 6.3.17 because they are rebuilding in a manner different
than before. Attorney Johnson said the second floor complies with all setbacks.
Attorney Johnson said there is a brook in back of the property and the Applicant is being
sensitive to this situation by building on the same foundation. He is aware that they will also
have to appear before the CPDC and the Conservation Commission. There is currently no
drainage on site and this project will improve the drainage.
ZBA Meeting, January 15, 2009 2
Attorney Johnson presented his criteria for a Variance in the event this was what they would be
applying for if a Special Permit under Section 6.3.17 was not available to them
Mr. Jarema said at the next hearing the Applicant should be asking for a Special Permit and a
Variance or for two Variances.
Fran Fink, Conservation Administrator, reviewed the comments of the Conservation
Commission regarding this property that she had submitted to the Board. Ms. Fink said the
foundation of this building is in the wetlands vegetative area and this project is a physical
impediment into the stream. The parking lot runoff needs to be addressed with a new system.
There have been hazardous waste releases on this site in the past but the contaminated materials
have been removed. Ms. Fink thought there were other sites available in Town that would be
more suitable for this project.
Pauline Hart of The Avon House Condo Association submitted a letter to the Board and said they
would like to see this property developed but they would like their opinions to be taken into
consideration.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to continue the hearing to March 5, 2009 at the request of the Applicant.
The motion was approved by a vote of 5-0-0 (Dustin, Jarema, Redfern, Petschek, Miles)
On a motion by Robert Redfern, seconded by John Miles, the Zoning Board of Appeals moved to
adjourn the meeting.
The motion was approved by a vote of 6-0-0 (Dustin, Jarema, Redfern, Petschek, Miles,
Perkins).
Respectful:
Maureen N.
Recording
ZBA Meeting, January 15, 2009