HomeMy WebLinkAbout2008-03-20 Zoning Board of Appeals MinutesTown of Reading
ZONING BOARD OF APPEALS
Minutes of March 20, 2008
Members present:
Members absent:
Robert Redfern, Chairman
Clark Petschek
John Miles
John Jarema
Susan Miller
T I. F RK
RE.' Li0, ASS.
2009 JUN 10 P 3: 0 5
Paul Dustin
Peter Tedesco (recused himself from the meeting because he was an
abutter to Case #08-08)
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 attending the meeting
was Glen Redmond, Commissioner of Buildings.
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 submitted a letter requesting that his case be continued because he did not have
any new information at this time to present to the Board.
On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals moved to
continue the hearing to April 3, 2008.
The motion was approved by a vote of 5-0-0 (Redfern, Jarema, Miller, Petschek, Miles).
Case #08-08
A Public Hearing on the petition of Gary Buonarosa, Trustee who seeks a Variance/Special
Permit/Finding under Section(s) 4.8/4.8.6.1.10/6.3.10.2/6.3.17 of the Zoning By-laws in order to
expand residential living space within the existing building footprint and install two (2) handicap
accessible bathrooms on the first floor of the existing convenience store on the property located
at 287 Lowell Street in Reading, MA.
ZBA Minutes, March 20, 2008
Attorney Chris Latham represented the Applicant. He said the Applicant currently lives on the
second floor and operates the family business on the first floor. The Applicant would like to
- renovate the second floor living spaces and add a third floor, also for living space. The proposed
construction will not expand the footprint of the existing structure and will reduce the impervious
area by a small amount. Attorney Latham said the Applicant must meet the current building
standards so he must install two handicapped bathrooms on the first floor. Customers now go the
second floor living space to use the family bathroom. Seating on the first floor will be reduced to
16 seats to gain space for the bathrooms.
There were two prior Zoning Board of Appeals Special Permits issued for this property. Attorney
Latham said that the alterations to the first floor are just extensions of the current commercial
use. The alterations to the second floor are for residential use only. The Applicant will be
reinforcing the first floor walls to withstand the new construction being added above. The walls
will be removed on the second floor for the renovations to the second floor and the addition of
the third floor. Both the existing second and new third floor will be only for residential use. The
Applicant has already received approval for this renovation from the Conservation Commission.
The lot has been used for commercial and residential purposes for over 25 years. The lot shape
and topography are unique and a challenge. Attorney Latham reviewed the grounds on which he
contended the Applicant qualified for a variance.
The Building Inspector said the property is a mixed use, but if this was a single-family dwelling
the Applicant could just rebuild by right. He said all setbacks will be met and the Applicant is
slightly reducing the impervious area.
Mr. Jarema asked about the height of the overall building and he was told it would not exceed
35'. He wanted to know, since it was a mixed use with construction in both areas, if it put this in
a different category and would there be any additional safety measures required. The Building
Inspector said the Applicant would have to add extra layers of sheet rock to meet fire standards.
The Chairman wanted to know about the current parking situation.
Peter Hechenbleikner, Town Manager, said when Route 129 was redone the Town worked with
the property owner to improve the intersection located there. They came up with the current
parking situation at that time to remove the flow of traffic away from the intersection. Some of
the parking is on a public right of way. This was done with the approval of the Town, State and
Mass Highway. Although there are no written documents regarding this arrangement, Mr.
Hechenbleikner said it has drastically improved the traffic situation in this area and it will remain
in effect.
Steve Goldy of 42 Berkley Street, a member of the Board of Selectmen, said the Town is looking
for more mixed commercial and residential use and the Selectmen approve this project.
Ms. Miller said the Applicant is actually going to be reducing the impervious area so she
wondered if a variance under the recharge policy was actually required for this project. The
Building Inspector said he did not think a variance for the recharge was necessary but Attorney
2 ZBA Minutes, March 20, 2008
Latham said he would feel more comfortable if his client did receive a variance for the recharge
system.
The Chairman noted the Applicant would not exceed the maximum height of 35' and the
Applicant was reducing the impervious area and meeting the set back requirements.
On a motion by John Jarema, seconded by Clark Petschek, the Zoning Board of Appeals moved
to grant the Applicant a Special Permit under Sections 6.3.10.2 and 6.3.17 of the Zoning By-laws
for the purpose of altering the first floor of the property by adding two handicapped accessible
bathrooms and creating a second unobstructed egress along with the decrease of seating area
from 22 to 16 seats; coupled with the reconstruction of the second story and the construction of a
third story to the residency all within the existing footprint as shown on the Certified Plot Plan
prepared by JM Associates of North reading and dated January 8, 2008 and consistent with the
architectural drawings done by Joseph N. Tantone Associates in drawings Pg. A101-A106 and
dated March 26, 2007 at the property located at 287 Lowell Street.
The motion was approved by a vote of 5-0-0 (Redfern, Jarema, Miller, Petschek, Miles).
On a motion by John Jarema seconded by Clark Petschek, the Zoning Board of Appeals moved
to grant the Applicant a Variance from Section 4.8.6.1.10 in order to permit the current footprint
of the present structure to exist with an existing impervious cover of 40.92% without installing a
recharge system as set forth in the legend and drawings of the Certified Plot Plan prepared by JM
Associates of North Reading and dated January 8, 2008.
The motion was approved by a vote of 5-0-0 (Redfern, Jarema, Miller, Petschek, Miles).
On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals moved to
adjourn the meeting.
The motion was approved by a vote of 5-0-0 (Redfern, Jarema, Miller, Petschek, Miles).
Respectfully subm' end,
Maureen M. Knight
Recording Secrgfary~
3 ZBA Minutes, March 20, 2008