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HomeMy WebLinkAbout2008-07-10 Zoning Board of Appeals MinutesRECEIVED TOWN CLERK READING, ~1piss. Town of Reading ZONING BOARD OF APPEALS P Minutes of July 10, 2008 2. 28 Members present: Robert Redfern Clark Petschek John Jarema Paul Dustin Peter Tedesco Members Absent: John Miles 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 # 08-07 A continuation of a Public Hearing on the petition of Richard R. Merrill, Trustee, who seeks a Variance under Section(s) 4.8.3/4.8.6.1.9/4.8.6.1.10 of the Zoning By-laws in order to allow an extension of prior variance and an approximate two percent (2%) increase in impervious surface from the previous variance granted (Case # 05-15) on the property located at 175 Franklin Street in Reading, MA. Attorney Chris Latham said the Applicant went back to the CPDC for a minor modification for the sub-division plans. The Town Engineer has allowed them to shorten the length of the road and the width of the sidewalk. They were able to get within the limitations of the 2005 variance. Attorney Latham said they are now in compliance with the 2005 granted variance and he wanted to make sure the Board was comfortable with the plans. The Chairman said the Applicant had submitted an affidavit to the Board stating that he believed the 2005 variance was still in effect. Mr. Petschek said it appeared the lots had increased in size. The Applicant's engineer said the individual lots had increased in size but the roadway and sidewalk had decreased in area and the total impervious cover area now measures 21.9%. Attorney Latham said they have not yet recorded the CPDC approval but if the Board required them to, they would do so. Mr. Jarema said the new plan must be recorded with the Town Clerk and signed by the CPDC. Once the 20 days appeal period has elapsed, a modification of the 2005 Variance may be ' submitted to the Registry of Deeds. ZBA Meeting, July 10, 2008 The Chairman said based on the previous decision the only difference is the imperious cover and this plan has been endorsed by the CPDC. The Town has worked with the Applicant and allowed the reduction in the length of the roadway as well as the narrower sidewalks. On a motion by Paul Dustin, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicant a modification of the prior Variance to allow individual impervious lot area coverage as shown on "Minor Modification to Definitive Subdivision Plan Sailor Tom's Way, Reading MA" dated May 28, 2008 prepared by JM Associates, 325 Main Street, North Reading MA. The motion was approved by a vote of 5-0-0 (Redfern, Petschek, Jarema, Dustin, Tedesco). Case # 08-09 A 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 proposal now is for a sign of 153 square feet. There had been a continuation for the Applicant to give to the Board a site plan showing the location of the sign, the size of the tenants lettering and also more information about the illumination of the sign on the abutter's side. Tim Sullivan of Barlow Signs said the tenants would discuss their sign requirements with him and Barlow Signs would encourage the tenants to keep the wordage simple and as large as possible within the framework of the size of the panel. He displayed samples that were 9" letters. The first was a fully lit sign face, the second was an opaque background with standard lighting, and the third had a diffuser on the back with one diffuser. It was explained with one diffuser the illumination was less but with two diffusers the lettering started to become muddy. Barlow is proposing one diffuser on the residential abutter's side of the sign. Attorney Favaloro said the outer road-side post is being moved in 2'. He said they thought moving that leg in 2' was sufficient. The Building Inspector said he thought there should be a clear site plan that indicates exactly what is there now and where the new proposed sign will be placed on the site. The Chairman explained that the Board needs to stamp in the site plan the night it is approved, one signed/stamped plan goes to the Applicant and one goes into the case file. Therefore the Board could not vote this evening and will have to continue the hearing until the site plan is submitted. 2 ZBA Meeting, July 10, 2008 Doug Neary, 155 Village Street, wanted to know what on the proposed sign was going to be lit besides the lettering. He also questioned why the tenants were even listed on the sign. He thought it should just say 128 Marketplace only. Mr. Sullivan said the Market Basket logo and stripe would be lit as well as the tenant panels. He also explained that high-performance white vinyl would act as the diffuser on the abutter's side. Attorney Favalro said if this were the Burlington Mall everyone would know what was being referred to. He said this was a small shopping area that would not be familiar to people. Attorney Favaloro said he would work regarding the site plan with the Building Inspector to make sure what is submitted will be acceptable. Mr. Sullivan said he will bring a sample of the vinyl diffuser being proposed and the thickness measurement. On a motion by John Jarema, seconded by Clark Petschek, the Zoning Board of Appeals moved to continue the hearing August 7, 2008. The motion was approved by a vote of 4-0-0 (Redfern, Dustin, Jarema, Petschek). Other Business Sumner-Cheney Modification The storm-drain cleaning fund of $1,000 had to be kept in a separate account as part of their original 40B Comprehensive Permit. The condo association would like to discontinue this practice and be allowed to just put that money in their usual operating account. Mr. Jarema said the 40B Comprehensive Permit was specific because there were water problems in this area and if the condo association did not clean the storm drains it would fall to the Town to do this. He said if there was documentation from the Town Planner stating that engineering and conservation were in agreement that this account did not have to be separate any longer, perhaps then the Board could address the modification. Some members of the Board did not think this was a hardship having a separate account. The Chairman said he would ask the opinion of the Town Planner regarding the situation. Board Reorganization On a motion by Clark Petschek, seconded by John Jarema, the Zoning Board of Appeals moved to nominate Paul Dustin as the Chairman for the next year. 3 ZBA Meeting, July 10, 2008 The motion was approved by a vote of 5-0-0 and Mr. Dustin was elected Chairman (Redfern, Dustin, Tedesco, Jarema, Petschek). On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals moved to nominate Clark Petschek as the Vice-Chairman for the next year. The motion was approved by a vote of 5-0-0 and Mr. Petschek was elected Vice Chairman (Redfern, Dustin, Tedesco, Jarema, Petschek). Recognition of John Jarema's thirty consecutive years as a member of the ZBA Congratulations were offered by the other Board members on Mr. Jarema's longevity on the Board and celebratory cupcakes were served in his honor. Respectfully Mabreen M. Recording S 4 ZBA Meeting, July 10, 2008