HomeMy WebLinkAbout2008-04-03 Zoning Board of Appeals MinutesL
RECEIVED
Town of Readigg ± C L E R K
ZONING BOARD 0 P ,511 ASS.
Minutes of April 3, 2008
2003 JUN 10 P 3'. 0 5
Members present: Robert Redfern, Chairman
Susan Miller
John Miles
Paul Dustin
Peter Tedesco
Members absent: Clark Petschek
John Jarema
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 # 08-07
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.
The Applicant's Attorney, Chris Latham, submitted a letter requesting a continuation so the
Applicant could confer with the CPDC.
On a motion by Susan Miller, seconded by Paul Dustin, the Zoning Board of Appeals moved to
continue the hearing to May 15, 2008.
The motion was approved by a vote of 5-0-0 (Miller, Redfern. Miles, Dustin, Tedesco).
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.
The Applicant, James Andella, submitted a letter requesting that the hearing be continued
because he did not have any new information for the Board.
ZBA Meeting, April 3, 2008
On a motion by Paul Dustin, seconded by Susan Miller, the Zoning Board of Appeals moved to
continue the hearing to May 15, 2008.
The motion was approved by a vote of 5-0-0 (Miller, Redfern. Miles, Dustin, Tedesco).
Minutes
On a motion by Paul Dustin, seconded by Susan Miller, the Zoning Board of Appeals moved to
accept the minutes of February 21, 2008.
The motion was approved by a vote of 5-0-0 (Miller, Redfern. Miles, Dustin, Tedesco).
On a motion by Paul Dustin, seconded by Susan Miller, the Zoning Board of Appeals moved to
accept the minutes of March 6, 2008.
The motion was approved by a vote of 5-0-0 (Miller, Redfern. Miles, Dustin, Tedesco).
Other Business
The Chairman explained to the Board about the papers he had signed for Town Counsel
regarding the Stop & Shop vs. Market Basket appeal.
Mr. Tedesco asked the Board to discuss their ethics policy and the Chairman said the ethics that
the Board follows are set by the State. Mr. Tedesco wanted to know why he was not allowed to
recuse himself from the Board but still participate as an abutter in the ZBA Case # 08-08 for 287
Lowell Street. He also questioned why he had to actually leave the room and not be allowed to
be part of the hearing.
Mr. Tedesco said he had conferred with some attorneys and they said he should not have been
made to do this. He said he did not join the Board in order to give up his rights as a citizen. He
also said he should have been warned ahead of time that he could not participate as an abutter in
the case.
The Chairman said this was the procedure to be followed and that by joining the Board he did
give up certain rights.
Mr. Tedesco said he had been denied his rights as a citizen and he wanted an opinion from Town
Counsel. He said this is not going to happen again. He also said he did not think the other Boards
observed this rule and he made reference to the Board of Selectmen. He said he had prepared for
this case and did not think it was right that he was not allowed to express his opinion. He said he
did not sign up to be a member of the Board just to lose his rights as a citizen. Mr. Tedesco said
he did not see his participation as an abutter to be a conflict as a member of the Board.
2 ZBA Meeting, April 3, 2008
The Chairman advised Mr. Tedesco that he (Mr. Tedesco) could call the State Ethics Hot Line at
any time and they would tell him what was appropriate. The Chairman said he would contact the
Town Manager to address the issue.
The Board discussed the upcoming joint meeting of the CPDC and the ZBA on April 7, 2008 and
how to prepare for the meeting so they can address their concerns with the current zoning by-
laws.
On a motion by Susan Miller, seconded by Paul Dustin, the Zoning Board of Appeals moved to
adjourn the meeting.
The motion was approved by a vote of 5-0-0 (Miller, Redfern. Miles, Dustin, Tedesco).
Respectfully
z ,
Maureen M.
Recording S
3 ZBA Meeting, April 3, 2008