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Home My WebLink About2008-09-04 Zoning Board of Appeals MinutesNAN LW_ Town of Reading ZONING BOARD OF APPEALS - Minutes of September 4, 2008 Members present: Paul Dustin Robert Redfern C= r11 Clark Petschek Jeffrey Perkins = . John Miles Peter Tedesco > John Jarema Members Absent: 0 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 # 08-16 Continuation of a Public Hearing on the petition of Timothy Morrison who seeks a Variance and/or a modification of Case # 07-16 under Section 5.2.9 of the Zoning By-laws in order to construct a single family dwelling on the property located at West Street, Assessor's Map 96, Lot 7, in Reading, MA. The Chairman read a statement by Board member Peter Tedesco that will allow him to vote on this case under M.G.L. Chapter 39, Section 23D (the "Mullin Rule"). He also read a letter from Sally Hoyt in support of the application. Attorney Brad Latham reviewed the memorandum that he had just submitted to the Board addressing the concerns that were raised by the Board during the previous hearing and reviewed the changes to the upland wetlands regulations. He listed their criteria as to why a Variance should be granted. Mr. Petschek stated that he thought the footprint of the proposed structure included on the submitted plot plan might tie down the project and not be workable. Attorney Latham said he had hoped that what was presented could be accepted conceptually and not be binding as to the footprint. Mr. Redfern stated that he thought Attorney Latham's presentation had answered the questions he had raised at the last hearing. He wondered what Attorney Latham meant by a modest house and Attorney Latham said it might be a cape or a split ranch. ZBA Meeting, September 4, 2008 Mr. Tedesco said that he thought Plan B would be the most suitable plan and he also did not think the proposed footprint would disturb the wetlands. Mr. Jarema said that he thought if it were a reasonable size structure it would not cause substantial derogation to the wetlands. He also thought the footprint might serve a useful purpose in limiting the size of the dwelling. Robert Fiorenzo said the Morrison family had worked hard to preserve this lot and had used it for activities throughout the years. He was concerned about future owners who might want to expand or rebuild a much larger house on this large lot. On a motion by Clark Petschek, seconded by Peter Tedesco, the Zoning Board of Appeals moved to grant the Applicant a variance from Section 5.2.9 of the Zoning By-laws in order to construct a single family dwelling on the property located at Assessor's Map 96, Lot 7, West Street, Reading, MA which has an aggregate uplands area of 9,568 square feet as depicted on the Proposed Plot Plan "B" prepared by Dana F. Perkins, Inc. of Tewksbury, MA, dated September 3, 2008, and certified by Bernard A. Paquin, P.E. The Variance is conditioned upon the following: 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. 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 4-1-0 (affirming: Petschek, Dustin, Jarema, Tedesco, dissenting: Redfern). Case # 08-19 A Public Hearing on the petition of Jeffrey Brem who seek a Variance and an appeal from a decision of the Building Inspector under Section(s) 2.2.13 / 7.d.2.1 of the Zoning By-laws in order to request a variance from the current frontage requirement on the property located at 2 Brentwood Drive in Reading, MA. Jeffrey Brem, P.E., represented the Applicants. He explained how they had received a finding from the Board in the spring but they were back in order to apply for a Variance instead. He explained the land swap was done in order to get the frontage but the Building Inspector said the 2 ZBA Meeting, September 4, 2008 new lot does not have the necessary frontage. Mr. Brem did not agree with the Building Inspector's decision. Mr. Brem said the CPDC had the Board's finding reviewed by Town Counsel who said the ZBA could not make a finding but instead should have made a decision. Town Council also concluded that the Board could not overturn the Building Inspector's decision because he had not submitted one in writing to the Applicant. If the Board overturned the Building Inspector's decision, then the Applicant would withdraw the request for a variance. Mr. Petschek said he did not think the frontage definition proposed by the petitioner met the definition included in the by-laws. Mr. Jarema wanted to know why they were making a decision on a lot that has been in existence for a long time with a dwelling on it. He said he did not want to vary something that has existed for 40 years and make a decision that is not in the realm of what the Board does. Mr. Redfern agreed. Mr. Jarema said the finding that was made by the Board was a statement of fact and that was the best that the Board could do. Mr. Jarema said the Board did not want to be in the position of defining frontage. He said frontage has been an issue for many years in Reading and it will continue to be a problem. He thought the CPDC should address this issue and not the Zoning Board. The Board thought the better way is to ask for a variance of 1 foot on the adjoining lot but would the CPDC then determine that the frontage is adequate. Tom Conroy wanted to know where this land is in connection with the Reading Open Land Trust lands. Mr. Jarema said the Applicant could withdraw and come back for a variance of 1 foot on the adjoining lot. Mr. Brem asked for a continuance so he could confer with the attorneys who are involved in this case. On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals moved to continue the hearing the October 16, 2008 at the request of the Applicant. The motion was approved by a vote of 5-0-0 (Dustin, Jarema, Miles, Petschek, Redfern). Case # 08-20 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 c 3 ZBA Meeting, September 4, 2008 property located at 68 Longwood Road in Reading, MA. The proposed addition encroaches in the front yard setback of 20'. The hearing for this case was formally opened by the Chairman. The Applicant had submitted a letter requesting that the case be continued to September 18, 2008. On a motion by Robert Redfern, seconded by Peter Tedesco, the Zoning Board of Appeals moved to continue the hearing to September 18, 2008 at the request of the Applicant. The motion was approved by a vote of 5-0-0 (Dustin, Jarema, Miles, Petschek, Redfern). Minutes On a motion by John Jarema, seconded by John Miles, the Zoning Board of Appeals moved to accept the minutes of August 7, 2008. The motion was approved by a vote of 6-0-0 (Dustin, Redfern, Jarema, Petschek, Tedesco, Miles). Other Business Sumner-Cheney Modification The condo association would like to close the separate account for the storm drain maintenance and include the required maintenance allocation of $1000 per year in it's regular maintenance account. The Board received letters from the Town Engineer, Town Planner and the Conversation Administrator, all of whom recommended that the separate account for storm drain maintenance be maintained in order to stress the importance of this aimual maintenance. The Board wanted memos from the Town Planner and the Town Engineer as to their opinion in this matter. 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 7-0-0 (Dustin, Redfern, Jarema, Petschek, Tedesco, Miles, Perkins). Respectfully submitted, Maureen Knight Record Secretary 4 ZBA Meeting, September 4, 2008