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HomeMy WebLinkAbout2008-05-15 Zoning Board of Appeals Minutes. Wd'1C F6, Town of Reading ZONING BOARD OF APPEALS Minutes of May 15, 2008 Members present: Robert Redfern, Chairman Clark Petschek John Miles Paul Dustin Susan Miller Members absent: Peter Tedesco John Jarema IVED CLERK u9,3 JUN 10 P 3* 0 5 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 # 08-12 A Public Hearing on the petition of Derrick Evangelista who seeks a Special Permit under Section 6.3.17 of the Zoning By-laws in order to remove a portion of an existing single family structure (9.8' x 20.5') that is non-conforming to the side lot line, and to construct a new larger non-conforming structure (12' x 20.5') on the property located at 48 Bear Hill Road in Reading, MA. Brendan Shaw of Fred Shaw Builders spoke on behalf of the Applicant and he will be building the new addition that is to be used a family room. Mr. Shaw will be reducing a small portion of the deck in order to enlarge the structure. The proposed construction will not increase the existing non-conforming side setback. The Chairman said it appears that there will be a slight increase in the footprint size but the proposed addition will not be different from what is viewed in the existing condition to the neighbors or from the street. The Building Inspector said it is a typical Section 6.3.17 demolish and rebuild and he has no problems with the project. He said Mr. Shaw had met with him a number of times and made any changes he recommended. On a motion by Clark Petschek, seconded by Paul Dustin, the Zoning Board of Appeals moved to grant the Applicant's request for a Special Permit under Section 6.3.17 of the By-laws in order to demolish a portion of the existing non-conforming, single-family structure and construct a single-story addition on the non-conforming lot located at 48 Bear Hill Road as depicted on the plot plan. ZBA Meeting, May 15, 2008 The Special Permit is subject to the following 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. 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 (Redfern, Miller, Petschek, Miles, 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 since there were only four members present who could hear the case, he chose to continue the hearing to June 5, 2008 in hopes that all five members would be in attendance and thus increase his chances of a favorable vote. The Chairman advised Mr. Andella that he should pass in any new plans at least a week before the next hearing so that the Board could have a chance to review them. Mr. Andella said he would do so next week. On a motion by Clark Petschek, seconded by Paul Dustin, the Zoning Board of Appeals moved to continue the hearing to June 5, 2008 at the request of the Applicant's agent. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Petschek, Miles, Dustin). 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 2 ZBA Meeting, May 15, 2008 property located at 1 General Way in Reading, MA. The property is located in an Industrial District. Since there were only three members present who had heard this case in prior hearings, Attorney Mark Favaloro, on behalf of the Applicant, requested that the hearing be continued to June 5, 2008 when there might be a full Board present who could hear the case. On a motion by Clark Petschek, seconded by Paul Dustin, the Zoning Board of Appeals moved to continue the hearing to June 5, 2008 at the request of the Applicant's agent. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Petschek, Miles, Dustin). Other Business - The Building Inspector said he had been presented with an application for the ZBA that he feels is not complete and the Applicant is challenging him. The Applicant wants him to process the application and schedule a hearing before the Board. The Building Inspector said the plot plan is not certified properly and he does not think it should be accepted. He does not want to sign the bottom of the ZBA application where it says that the application is complete and ready for submission because in his opinion it is not complete. He also said the plans have been reduced and the scale is not acceptable. The Building Inspector spoke with the Town Manager about this case and the Town Manager said he did not think the Board's time should be wasted on an application that is not complete. The Chairman said the Applicant should present the original plan and not reduced copies. The Chairman also advised the Building Inspector to ask the Town Engineer for his opinion on these reduced plans. - Paul Dustin said he thought many of the Applicants were not submitting material far enough in advance for the Board to review and this was causing the unusually large number of continuances. On a motion by Paul Dustin, seconded by John Miles, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Petschek, Miles, Dustin). Respectfully submitted, Maureen M. Knight Recording Secretary 3 ZBA Meeting, May 15, 2008