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HomeMy WebLinkAbout2008-06-26 Zoning Board of Appeals MinutesE(K Town of Reading ZONING BOARD OF APPEALS Minutes of June 26, 2008 Members present: John Jarema John Miles Robert Redfern Susan Miller Paul Dustin Clark Petschek Peter Tedesco Members absent: RECEIVED TOWN CLERK RLr+DIN C, MISS. 2008 AUG I I A 9 S 1 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 # 08-09 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 Petitioner had requested a continuance after the first hearing on April 17, 2008 in order to meet with the CPDC to discuss the negative opinion CPDC had given to the ZBA. Atty. Favaloro said at the conclusion of the meeting, CPDC changed their mind and said the proposed sign should be sufficient to be able to be read. The neighbor's concerns also caused a slight change to the original proposed design. Tim Sullivan of Barlow Signs explained the modifications made to the original proposed sign. He said the square footage of the proposed sign has been reduced by 60 square feet. The proposed sign has also been shifted inward, moving the outbound leg inward to help with the roadway sight distance on Walkers Brook Drive. Mr. Barlow said the height of the sign was increased to 6'3". They also did some surveys about the Stop & Shop sign design and, the Stop & Shop sign is similar to the one now being proposed by Market Basket. The sign's background will be opaque and the only part lit at night will be the actual copy. The Chairman asked how the CPDC viewed the changes and Attorney Favaloro said Mr. Tuttle of the CPDC had sent the Zoning Board a memo stating that CPDC now approved the new proposed design of the Market Basket sign. The Chairman noted that Stop & Shop had not come ZBA Meeting, June 26, 2008 before the Zoning Board and Attorney Favaloro said that the Stop & Shop sign had gone before the CPDC for approval. John Matthews of Demoulas Supermarkets said the proposed sign clearance had been raised from what was previously proposed and he submitted photographs showing this. Attorney Favaloro presented the four required criteria necessary to be granted a Variance. (1) The driveway is a long thin driveway and prohibits people from seeing what stores are inside 128 Marketplace. (2) The lot is located with a narrow entrance and it is a unique condition. (3) There is no derogation to the public good and this sign is more neighborhood-friendly than other signs along Walkers Brook Drive. (4) The lighting will be muted with opaque background and will not be a hindrance to the neighborhood at night when lit. The Board wanted the specifications for the proposed sign to be actually written out on the plan and, a detailed certified site plan, with dimensions locating the proposed sign that shows where the proposed sign will be constructed on the site. Doug Neary, 155 Village Street, said this sign is near his daughter's bedroom, he objects to any variance for this sign, and the old sign still has tenants on it that moved out a long time ago. Mr. Neary said they should use the old sign that is already there. He also said the sign lights are on after midnight and the lights on the store are on all night. Mr. Petschek wanted to know if it had been considered to not light the side at night that abuts the neighborhood. Mr. Sullivan said this could be done but when the sign is lit it was only the copy that is going to be lit. Mr. Barlow said the opaque areas are white Plexiglass that could be dimmed down so not as much illumination will show through the opaque areas. On a motion by Clark Petschek, seconded by Paul Dustin, the Zoning Board of Appeals moved to continue the hearing to July 10, 2008 in order to get a site plan, specifications on the sign plan itself and a proposal that might reduce the amount of light emitted to the neighborhood side of the proposed sign by perhaps about 50%. The motion was approved by a vote of 4-0-0 (Petschek, Redfern, Jarema, Dustin). Case # 08-02 A continuation of a Public Hearing on the petition of Sandra M. Carter 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 361 Franklin Street in Reading, MA. Mr. Andella said he could not restore the old farmhouse that was on the property so he decided to demolish the existing dwelling and build a new structure. The Chairman reminded the Applicant that the Board did not want a "cookie cutter" approach to the design of this house in relation to the house that was approved to be built on the abutting lot next door. 2 ZBA Meeting, June 26, 2008 Mr. Dustin said the current proposed house size has increased 23% in size from what was originally submitted for this property, and it is 40% greater than the house that was approved by a Special Permit for the house on the adjourning lot. Mr. Petschek said there are also conditions that the proposed house be the maximum amount practicable. Mr. Andella said he needed to put a garage on the house to make it saleable. Mr. Petschek explained that Mr. Andella was looking at this from a commercially profitable view and not what was best for the neighborhood. Mr. Petschek said the problem is this lot is postage sized and that is what creating the problem with there not being enough area in which to build a house. Mr. Dustin said he has a problem with the size of this house and it's affect on the neighborhood. The Chairman said the proposed setbacks are much closer than before and the Applicant does not meet the required side yard setbacks with the new plan. Mr. Jarema reminded the Applicant the Board had told him to come back with a design that was less massive and more conforming to the neighborhood as well as more conforming to the lot. He said the Board does not have to approve a Special Permit unless the proposal is suitable for the neighborhood. Mr. Jarema said increasing the encroachment on one of the side lot lines is not suitable as well as increasing the height of the structure. Mr. Tedesco said what the Board is looking for is the whole package and Mr. Andella could accomplish this if he were to think creatively. He asked Mr. Andella if he had thought about engaging an architect to design something suitable for the lot. Mr. Andella said he had many plan books at his office. Mr. Jarema said the Board needs to consider what the most practicable solution for the lot and the neighborhood is. The Chairman said there had been two plans submitted for this lot and neither of the plans addresses the concerns of the Board. Mr. Petschek said perhaps the Applicant should consider merging the two lots back into one and building a normal size house on this one lot. He said the Applicant was granted the ANR but there was no guarantee that he would be granted Special Permits to build on these small lots. Mr. Jarema said the Applicant has not taken into consideration the Board's suggestions. The Board could vote on the petition tonight and if the Special Permit was denied, the Applicant could not come back before the Board with this property for two years. Another option would be for the Applicant to request that his petition be withdrawn without prejudice and to come back in the future if he comes up with a clear workable plan. Mary Salazar of 12 Sunset Rock abuts this property and she said a garage in the back yard would r' not be pleasing. She said she has a 4,100 square foot home but it is on a 25,000 square foot lot. ZBA Meeting, June 26, 2008 Jim Sopcheck of 354 Franklin Street said the neighbors would be pleased with the comments by the Board tonight. He said this case has been going in a circle and the Applicant does not have the land to build what he would like to. Attorney Mark Favaloro, representing some of the neighbors, said this lot was available for subdivision because of an oblique ruling that if there were two dwellings on one lot it could be subdivided. He said this ruling was made to benefit the farmers out in western Massachusetts and was not meant for new construction. The Applicant requested that his Application for a Special Permit be withdrawn without prejudice. On a motion by Paul Dustin, seconded by John Jarema, the Zoning Board of Appeals moved to accept the request by the Applicant that his Application for Special Permit be withdrawn without prejudice. The motion was approved by a vote of 5-0-0 (Redfern, Jarema, Petschek, Miller, Dustin). Other Business: Archstone Bond Release The Town Planner had submitted a letter to the Board saying she and the Town Engineer were in agreement that the $1.5 in performance guarantee be returned to Archstone-Smith as they have completed what was required. On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals moved to release the $1.5 in performance guarantee to Archstone-Smith. The motion was approved by a vote of 5-0-0 (Redfern, Jarema, Miller, Dustin, Petschek). On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 7-0-0 (Redfern, Jarema, Miller, Dustin, Petschek, Miles, Tedesco). 4 ZBA Meeting, June 26, 2008