HomeMy WebLinkAbout2008-08-07 Zoning Board of Appeals Minutesofunl LERK
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Town of Reading IVF M I CLERK '
ZONING BOARD OF APPEAL
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Minutes of August 7, 2008
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Members present: Paul Dustin, Chairman
John Jarema
Robert Redfern
Clark Petschek
John Miles
Members Absent: 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 # 08-16
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.
Attorney Brad Latham represented the Applicant. They were asking for an extension of the
original Variance that was granted under previous Zoning Board of Appeals Case # 07-16.
Attorney Latham presented a letter to the Board asking for this six month extension due to
Morrison family illnesses and appearances before other Boards that were also required to grant
approval.
Attorney Latham submitted three photographs showing the lot from three different angles. The
wetland by-law changes have made this lot non-conforming and that is why they are before the
Board for this case. All the wetlands are at the back of the lot and this area will not be used but
they do count towards the total square footage of the lot. Attorney Latham then presented his
arguments for the criteria required for a Variance. The lot has been taxed as a buildable lot by the
Assessor's Office and this is the same lot that was approved previously for a Variance for lot
frontage and area by the Board.
Attorney Latham also presented letters from abutters stating they were in favor of the Applicant
building a dwelling on the lot as well as a memo from Fran Fink, the Conservation
ZBA Meeting, August 7, 2008
Administrator, from September 2007. The Applicant expects to go before the Conservation
Commission within the next month.
The Applicant did not submit a certified plot plan showing a proposed foundation and Attorney
Latham stated that he hoped the plan submitted would be sufficient for the Board.
Mr. Redfern stated that he thought the submitted plan that showed the maximum allowable
footprint for the proposed dwelling is not acceptable because it was not certified, dated or
stamped and differed from other plans that had been previously submitted. Therefore the Board
does not have a plan that can be referenced in a decision.
Attorney Latham said since the house design is not determined yet, they were unable to provide a
certified plot plan.
Mr. Petschek stated that the delineation of the uplands area showed the buildable area that is
available and the Applicant would be required to present the appropriate documents when
applying for a building permit.
Mr. Jarema reminded Attorney Latham there is a rule that the Board must stamp in and sign
plans that are presented to the Board in support of the petition so they therefore would need at
least two large plot plans that contain both stamp and signature of the person preparing the plans.
Attorney Latham had these available and provided them to the Board.
The Building Inspector mentioned there is no building envelope contained on this full size plan.
Attorney Latham said if the Board wanted a narrative regarding the wetlands on the plan he.
could have this done.
The Chairman reminded the Board the action requested by the Applicant at this point is only
relief from the uplands area requirement.
The Building Inspector said there should be a certified plot plan submitted that shows exactly
where the dwelling would be and the setbacks.
Mr. Redfern said the plan submitted this evening without the building envelopes would be the
plan that is referenced. He stated that he thought a variance from the required uplands area
nullifies the intent of the bylaw.
Robert Connor from the Reading Land Trust asked where this land abuts to the Reading Open
Land Trust lands. He wanted to see the impact on their land but with the buffer there would not
be any impact on their land.
Member John Miles is an abutter and recused himself from the matter. The Chairman asked the
Applicant if they wanted to proceed and Attorney Latham said they would like to proceed.
Al Norman, son-in-law of the Applicant, said they were told the land was buildable and they
have paid taxes on the lot as a buildable lot for 40 years. He said to present a plan with a
2 ZBA Meeting, August 7, 2008
proposed dwelling would have been too expensive for the family. He said they intended to just
present what had been presented this evening in order to find out if the lot was buildable.
Attorney Latham said the Applicant requests a continuation to September 4, 2008 so that there
might be a fifth member present (Peter Tedesco) for a full Board vote.
On a motion by Clark Petschek, seconded by John Jarema, the Zoning Board of Appeals moved
to continue the hearing September 4, 2008.
The motion was approved by a vote of 4-0-0 (Dustin, Redfern, Jarema, Petschek).
On a motion by John Jarema, seconded by Clark Petschek, the Zoning Board of Appeals moved
to grant an extension for a Variance issued by the Zoning Board of Appeals for Case # 07-16 for
six months beyond October 31, 2008.
The motion was approved by a vote of 4-0-0 (Dustin, Redfern, Jarema, Petschek).
Case # 08-17
A Public Hearing on the petition of Peter & Julie MacDonnell who seek a Variance and/or a
Special Permit under Section(s) 5.1.2/6.3.11 of the Zoning By-laws in order to construct a 10.5'
x 12.5' addition that is 8.7' from the side yard property line on the property located at 8 West
Hill Circle in Reading, MA. The property is located in an 5-20 District and the required side
yard setback is 15'.
Peter MacDonnell, the Applicant, said he wants to put a 10.5' x 12.5' addition on his home with
a bedroom on the first floor and a bathroom on the second floor. He is asking first for a Variance
for 2" inches more non-conforming setbacks. If that seems unlikely to be granted he would ask
for a Special Permit and meet the existing non-conformity.
Mr. Redfern said according to the submitted plans, the existing non-conforming setback is 4'6"
and therefore the Applicant can apply for the Special Permit. The Applicant said this addition
was there long before he bought the house and he does not know when it was built.
Mr. Redfern said the existing non-conformity would not be increased and there will be no
increased height to the dwelling. The easterly neighbors would be the only ones affected by this
addition.
On a motion by Robert Redfern the Zoning Board of Appeals moved to grant the Applicant a
Special Permit under Section 6.3.11 of the Zoning By-laws in order to construct a two story
addition as depicted on the referenced Certified Plot Plan and, as generally shown on the
architectural plan titled Residential Renovation/Addition for Julie and Peter MacDonnell, 8 West
Hill Circle, prepared by Simply Designful, 23 Briarwood Avenue, Reading, MA and dated May
5, 2008.
3 ZBA Meeting, August 7, 2008
This Special Permit 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.
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 5-0-0 (Dustin, Redfern, Jarema, Petschek, Miles).
Case # 08-09
Continuation of a Public Hearing on the petition of Barlow Signs for George Danis who seeks a
Variance under Section(s) 6.2.3.2.4 (Table 6.2.3) of the Zoning By-laws in order to construct a
free-standing sign of 219.25 square feet rather than the allowable sign of 75 square feet on the
property located at 1 General Way in Reading, MA. The property is located in an Industrial
District.
Attorney Mark Favaloro said the Applicants had submitted to the Board a stamped signed site
plan that shows the actual location of the sign as requested.
Tim Sullivan of Barlow signs said the thickness of the diffuser film is 2 mil and he submitted a
sample of this as well as other samples of the materials to be used in the sign.
Mr. Redfern thought the Applicants were asking for a lot but he felt they would be at a
competitive disadvantage considering the signs of the other businesses in the area.
Mr. Jarema was concerned about the area because of the way the traffic lanes are distributed. He
said this is an improved solution to a lot that is way off the street and he is pleased with the
Applicant's process regarding the sign and working with the neighborhood. This is still far less
than what other signs are in the area and it is a great improvement over what was there.
Mr. Petschek was in favor of including the vinyl diffuser on the north-westerly side of the
proposed sign which faces the residential abutters as well as restricting the area of the Marker
Basket wall sign to its existing square footage.
On a motion by Clark Petschek, seconded by John Jarema, the Zoning Board of Appeals moved
to grant the Applicant a Variance from section 6.2.3.2.4 and Table 6.2.3 (Note D) of the Zoning
By-laws in order to construct a free-standing sign measuring 153 square feet on the property
4 ZBA Meeting, August 7, 2008
located at 1 General Way, Reading MA as depicted on the As-built Plan of Land prepared by
Hancock Associates of Danvers; MA, dated February 5, 2008 and revised on July 17, 2008, as
certified on July 21, 2008 by Michael D. Bovio, Professional Land Surveyor, and signage
drawings B-07-08-652, Rev 8, Sheets 1 and 2, dated June 30, 2008, prepared by Barlow Signs of
Hudson, MA. This Variance is conditioned upon the following:
1. The Applicant shall not increase the area of the existing wall sign of Market Basket on
the property; and
2. The northwesterly side of the free-standing sign, oriented toward the residential district,
shall include a single layer of 2 mil high performance white vinyl, in the form of or
substantially similar to Scotchcal ElectroCut Film 7725-10 Gerber Film 220-10, acting as
a diffuser.
The motion was approved by a vote of 4-0-0 (Dustin, Redfern, Petschek, Jarema).
Minutes:
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to accept the minutes of June 5, 2008.
The motion was approved by a vote of 3-0-0 (Redfern, Miles, Dustin).
On a motion by Robert Redfern, seconded by Paul Dustin, the Zoning Board of Appeals moved
to accept the minutes of June 19, 2008.
The motion was approved by a vote of 2-0-0 (Redfern, Dustin).
On a motion by Clark Petschek, seconded by Robert Redfern, the Zoning Board of Appeals
moved to accept the minutes of June 26, 2008 with changes.
The motion was approved by a vote of 5-0-0 (Redfern, Miles, Dustin, Jarema, Petschek).
Other Business
Mr. Dustin said he will meet with the Towri Manager and the Town Planner to present proposed
zoning changes the Board thinks are necessary and that they suggest go before Town Meeting.
Mr. Dustin said the Board needs a seventh member and he will speak with the Town Manager
again about finding this seventh member as soon as possible.
ZBA Meeting, August 7, 2008
On a motion by Robert Redfern, seconded by Clark Petschek, the Zoning Board of Appeals
moved to adjourn the meeting.
The motion was approved by a vote of 5-0-0 (Redfern, Miles, Dustin, Jarema, Petschek).
6 ZBA Meeting, August 7, 2008