The URL can be used to link to this page

Home My WebLink About2008-12-04 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of December 4, 2008 Members Present: Paul Dustin John Miles Robert Redfern Clark Petschek Peter Tedesco Jeffrey Perkins Members Absent: John Jarema R CEIVEQ C LERK -T- {C P ~~j' , SS. 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 # 08-20 Continuation of a Public Hearing on the petition of Randall Kneeland & Susan Kneeland who seek a Variance/Special Permit under Section(s) 5.1.2 & 6.3.11.1 of the Zoning By-laws in order to construct an addition to the right hand side of an existing non-conforming dwelling on the property located at 68 Longwood Road in Reading, MA. The proposed addition encroaches the front yard setback of 20'. Attorney Chris Latham said the Applicant had received an Order of Conditions from the Conservation Commission. The Applicant is asking for relief from the front yard setback. Attorney Latham reviewed the Memorandum in Support of Relief that he had submitted to the Board. The Chairman asked Attorney Latham if he would first like the Board to consider the Special Permit and then the Variance. Attorney Latham said that would be acceptable as long as they would consider the Variance if they were to deny the Special Permit. The Board discussed why they thought this application should be a request for a Special Permit. On a motion by Clark Petschek, seconded by Robert Redfern, the Zoning Board of Appeals moved to grant the Applicant a Special permit under section 6.3.11.1 of the Zoning By-laws in order to construct two-story addition (with a front yard setback of at least 14.5') to an existing non-conforming, single family dwelling located on the property as shown on the Plot Plan. ZBA Meeting, December 4, 2008 This Special Permit is conditioned upon the following standard 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 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 (Dustin, Tedesco, Miles, Redfern, Petschek). Attorney Latham asked that the request for a Variance be withdrawn without prejudice and the Chairman accepted. Case # 08-23 Continuation on the petition of Metro PCS, Massachusetts LLC who seeks a Special Permit under Section(s) 4.3.5 of the Zoning By-laws in order to allow the installation of six panel antennas on the fagade of the existing smokestack on the property located at 1 General Way in Reading, MA. All associated cabling will be housed in a cable tray which will be painted to match the existing fagade of the existing smokestack. Kristen De Luc and Attorney Scott Lacy represented Metro PCS. Mr. Lacy reviewed the documents that were submitted to the Board. Mr. Petschek said the.Board also wanted a lease and Attorney Lacy said it had not yet been finalized. He told the Board the equipment would be removed if Metro PCS vacated the property. The Board questioned whether they had sufficient assurance to proceed with the case. The Chairman said the Board should determine the conditions first should the Board grant the Special Permit. Or the case should be continued until the lease is received. Attorney Lacy said the letter from the owners received this afternoon is sufficient. Mr. Tedesco said there should also be a $10,000 bond with the Town to ensure the removal of any equipment and Attorney Lacy said that would be acceptable to his client. Following additional discussion, the Board determined not to request the Applicant to post a bond. On a motion by Robert Redfern, seconded by Clark Petschek, the Zoning Board of Appeals moved to grant a Special permit to the Applicant in order to place six panel antennas on the existing smokestack/chimney and, associated roof top equipment on the building as reflected and consistent with the drawings numbered T-1, C-1, Z-l, Z-2 and Z-3 prepared and stamped by a Professional Engineer and the Hudson Design Group, LLC of North Andover, MA and noted as Revision 4, dated November 17, 2008. 2 ZBA Meeting, December 4, 2008 The motion was approved by a vote of 5-0-0 (Tedesco, Dustin, Redfern, Petschek, Miles). Case # 08-26 A Public Hearing on the petition of Gaetano & Maria Fodera who seek a Variance and a Special Permit under Section(s) Table 5.1.2 & 6.3.11.2 b of the Zoning By-laws in order to construct a one story addition 30' x 16', and a porch with roof over 5.6' x 30' to an existing non-conforming structure on the property located at 25 - 27 Union Street in Reading, MA. Clark Petschek recused himself from this case. Attorney William Crowley represented the Applicants. He presented their plans and explained the addition was for Mrs. Fodera's mother. The present building covers 31 % of the existing lot but would be increased to 43%. The Applicants do not live at this address. There are four apartments presently in this building and the addition will be part of one of these existing units. Attorney Crowley presented what he considered to be the required criteria for the requested Variance. The Chairman asked Attorney Crowley if he would first like the Board to consider the Special Permit and then the Variance. Attorney Crowley said that would be acceptable as long as they would consider the Variance if the Board were to deny the Special Permit. Mr. Redfern said he did not think this application fell under the Special Permit parameter because the lot coverage already exceeded the maximum coverage and therefore this should be a request for a Variance. He said this is an increase in the non-conformity. The Chairman said the Board would accept a verbal request to withdraw the petition for a Special Permit. The Building Inspector read from the by-laws where it indicated the Board should be considering a Special Permit for this petition and should consider a verbal request for withdrawal of the petition for a Variance. John Welsh of 29 Union Street said he would like conditions attached that would require the property to be kept neat and assurances that this property does not become a 4 1/2 family dwelling. Mr. Welsh said there are six cars parked there at the present, one of them parked in the grass. He presented a letter to the Board from Joyce Gould, another homeowner in the area who objected to the petition. The Building Inspector explained to the Board that since this is a four-family dwelling it would have to go before the CPDC for site plan review. The Board is only addressing the increase in lot coverage. On a motion by Peter Tedesco, seconded by John Miles, the Zoning Board of Appeals moved to grant the Applicant a Special Permit under Section 6.3.11.2b of the Zoning By-laws in order to construct a one-story addition to unit 27B as depicted on the referenced plans. ZBA Meeting, December 4, 2008 The motion was denied by a vote of 0-5-0 (Miles, Redfern, Dustin, Tedesco, Perkins). The Board then considered the petition for a Variance. The Chairman read the four criteria required for the granting of a Variance. Attorney Crowley asked that the petition for a Variance be withdrawn without prejudice. He submitted a request in writing to the Board. On a motion by Robert Redfern, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to accept the withdrawal of the petition for a Variance without prejudice. The motion was approved by a vote of 5-0-0 (Miles, Redfern, Dustin, Tedesco, Perkins). Case # 08-27 A Public Hearing on the petition of Elizabeth Grieco who seeks a Variance under Section(s) 5.1.2 of the Zoning By-laws in order to attach an existing free-standing garage to the existing dwelling on the property located at 74 Charles Street in Reading, MA. The proposed attachment will not comply with side yard setbacks on two sides. Elizabeth Grieco explained what she was proposing and presented a scale model showing what she was requesting. She presented what she thought were sufficient requirements for the four criteria. James Pine, the Applicant's contractor, said the Applicants now need to walk all the way around the house to get in the back yard and it is very inconvenient. The Board discussed the petition and asked Ms. Grieco questions about the project. The side- yard setbacks do not conform at the present time. Mr. Redfern thought the Applicant would do better to build an addition and not increase the non-conformity. The Chairman thought what was proposed was not a noticeable change. Mr. Petschek said it did not meet the intent of the by-law. Mr. Tedesco thought this was an interesting use of the space. On a motion by Paul Dustin, seconded by Jeffrey, the Zoning Board of Appeals moved to grant a Variance to the applicant under Section 5.1.2 of the Zoning By-laws in order to construct an addition that would attach the existing garage to the house by a small passageway, as shown on the submitted Plot Plan. This Variance is conditioned upon the following: 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. 4 ZBA Meeting, December 4, 2008 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 TF i 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 4-1-0 (Miles, Redfern [dissenting], Dustin, Petschek, Perkins). Other Business The Board wants Town Counsel input on Case # 08-29 for December 18 and the remand also scheduled for that meeting. Mr. Dustin will send a memo to the Community Services Director. He said nothing has been received to date regarding the remand for 355 Franklin Street. Mr. Dustin discussed the upcoming workshop with Town Counsel and the Community Services Director. He also brought up the discussion that Town Counsel could prepare templates for the decisions. Other members did not think this was practical. Mr. Dustin also said Town Counsel will be sent copies of each new case for the next few months for her review. Other members thought this was a waste of money. The Board discussed what they would like to see on the agenda for the workshop. 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 (Miles, Redfern, Dustin, Tedesco, Perkins, Petschek). Respectfully suby bitted, Maureen M. Recording S) 5 ZBA Meeting, December 4, 2008