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HomeMy WebLinkAbout2008-01-17 Zoning Board of Appeals Minutes'fWACLkRK Town of Reading ZONING BOARD OF APPEALS Minutes of January 17, 2008 Members present: Robert Redfern, Chairman John Jarema Susan Miller Clark Petschek Paul Dustin Members absent: Peter Tedesco FACING. MASS. 2008 FE 2 2 P d• p 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. Also attending the meeting was Glen Redmond, Commissioner of Buildings. Case # 08-01 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 on a non-conforming lot (Option A & B) on the property located at 355 Franklin Street in Reading, MA. James Andella, who has a Purchase & Sales agreement on the property, said he submitted drainage calculations to the Town but the Town Engineer wanted a higher standard than what the Conservation Commission required. He said he made the proposed house smaller as shown in the plans submitted late this afternoon. He said the side setbacks, as well as front and rear setbacks, would now meet the zoning requirements due to the reduced size of the proposed dwelling. The Chairman asked for the new plot plan and Mr. Andella said he did not have a new plot plan, he thought the Board should use the plans previously submitted and the Board could do the calculations to reduce these plans by 18". The Chairman explained he would have to submit a new certified plot plan. The Chairman also asked for the total impervious area and Mr. Andella said that was on the plot plan. The Chairman said he also did not see the total calculation for the impervious area on the plot plan. Mr. Andella said it must be on the drainage calculations and the Chairman told him it should be on the new certified plot plan. The Chairman read from a memo submitted on January 17, 2008 by the Town Engineer that said the submitted drainage plan should be sufficient with minor changes but the proposed impervious area was also not mentioned in this memo. ZBA Meeting, January 17, 2008 Mr. Dustin tried to explain to Mr. Andella what the Chairman was asking for: the actual impervious area including house footprint, walkways, driveways, etc. and not the allowable l impervious area. Mr. Jarema explained to Mr. Andella that the Board bases their decision on actual plot plans and specific figures and that he must supply this information to the Board. The Chairman explained that the division of the original non-conforming lot caused the new lots to be even more non-conforming and therefore he thought perhaps these lots did not warrant a Special Permit. Ms. Miller said if this case was going to be continued then perhaps they should take the opportunity to consult with Town Counsel again regarding this issue of dividing the lots and increasing their non-conformity. Mr. Jarema said there are two issues: specific calculations that need to be on the plot plan and the issue that, although the Applicant had the right to divide the original lot, it does not mean these two new lots are buildable. Mr. Jarema thought perhaps the Applicant was not meeting the maximum practicable option and Town Counsel should be asked for her opinion on the parameters the Board may exercise. The Chairman said the changing of the lots that resulted in greater non-confonnity might necessitate a Variance as opposed to a Special Permit. The Building Inspector said the Planning Board has already approved the lots. The proposal the Applicant is presenting tonight means he really doesn't even have to be before the Board anymore. The Applicant can just come to the Town Hall with the impervious information and if he meets the requirement he can be issued a building permit. Mr. Jarema referred to the "Norwell Case" (a ruling by the state's highest court gives towns more power to stop the tearing down of small homes to build larger homes) and how this recent decision may affect these two lots and the rebuilding proposed on them. But Mr. Jarema reminded the Board that the Applicant has not provided the necessary information required by the Board. He said if the Applicant wanted to withdraw his case and go to the Building Inspector at his own risk and apply for a building permit he may do so. Ronald Weston of 63 Blueberry Lane said the assessor's plans show this property as one lot and there is no reference at all to 361 Franklin Street. He read from the letter he had submitted to the Board saying the division of this lot is not right and gave his reasons why he is against this proposal. Brant Ballantyne of 52 Blueberry Lane, also Chairman of the CPDC, but appearing here as an abutter, said he questioned the validity of the Applicant being allowed to withdraw the case. He read from another article regarding the Norwell case. Mr. Ballantyne said the lot is still non- conforming and the Applicant is increasing the non-conformity. F' 2 ZBA Meeting, January 17, 2008 Brenda Doherty of 60 Blueberry Lane said she also is against this proposal and said it is not the right fit for the neighborhood. Scott De Luca of 358 Franklin Street asked the Building Inspector if his opinion on this case was based on a specific legal opinion and the Building Inspector said no, it was his own opinion. Mr. De Luca expressed his thoughts on the proposed structures and explained why he was against this project. He asked that his submitted letter to the Board be considered. Bob Nordstrand of 384 Franklin Street quoted from the Town Counsel's memo to the Town Planner and he asked that the Board consider the opinions of abutters. Another abutter from Sunset Rock Lane voiced her disapproval of the division of the original lot and said she is against this proposal. She asked that if the Applicant was issued a building permit, did the Town have any recourse. The Chairman said if the Building Inspector issues a building permit an abutter may appeal the issued permit before the ZBA. David Osborne of 33 Joseph Way said he also is against this project. Scott McGurn also disagreed strongly with this proposal and would like to see the character of the neighborhood preserved. Jim Sopchak of 364 Franklin Street said he knew the owners of the old white house and he thinks this proposal is not suitable for the neighborhood and a large change for the area. Sandra Scholten of 349 Franklin Street said she is against this proposal and it will block her mother's view. Mary Salazar of 12 Sunset Rock Lane said that for many years developers had tried to get this property from Mr. Carter, but he would not sell it and he would not want this property turned into this circus. Mr. Andella said the existing oak tree will not be harmed. He also said the proposed houses are smaller than the houses on Sunset Rock Lane. Mark DiCara of 20 Sunset Rock Lane said these houses are smaller than the ones on Sunset Rock Lane but are on much smaller lots than the lots on Sunset Rock Lane. The Chairman said the Board had questions regarding the missing impervious lot coverage calculations, whether these are build-able lots and should a Special Permit or Variance be the suitable vehicle for this case. He noted the Board may want to consider a request for Town Counsel's opinion regarding this case. The Building Inspector said they are buildable lots if they meet the setbacks and he thinks the present plan does this. ZBA Meeting, January 17, 2008 The Applicant asked for a continuance so he might return with the necessary missing information and so that the Board can seek additional advice from Town Counsel. On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals moved to continue the hearing to March 6, 2008 so they may obtain additional information from the Applicant and allow time for the Board to seek additional advice from Town Counsel. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Jarema, Dustin, Petschek). Case # 08-02 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 submitted a new plan that contained the same dwelling as proposed in Case 908-01 for 355 Franklin Street. But in this proposal for Case # 08-02, the side yard setbacks are not being met. The Chairman said what the Board needed are the same requirements for this case as for Case #08-01: a new plot plan and the drainage calculations. Mr. Jarema and Mr. Dustin said this case should also be continued to March 6 along with Case 08-01 for Town Counsel review. Ron Weston of 63 Blueberry Lane said his previous comments for Case # 08-01 are the same for this case. David Osborne of 33 Joseph Way said he is against this proposal also. Bob Nordstrand of 384 Franklin Street said he is against this proposal also. Scout De Luca of 358 Franklin Street said he is also against this proposal and he thinks the barn and house have historic value and character. Scott McGurn said the barn and the character it lends to the neighborhood would be missed. Jim Sopchak of 364 Franklin Street said he is against this proposal also and he thinks the existing house and barn suit the character of the neighborhood. Mr. Andella requested that this case be continued to March 6, 2008 along with Case # 08-01. On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals moved to continue the hearing to March 6, 2008 so they may obtain additional information from the Applicant and allow time for the Board to seek additional advice from Town Counsel. 4 ZBA Meeting, January 17, 2008 The motion was approved by a vote of 5-0-0 (Redfern, Miller, Jarema, Dustin, Petschek). Case # 08-04 & Case # 08-05 A Public Hearing on the petition of Gallery Automotive Group, LLC, D.B.A. Honda Gallery Service who seeks a Variance and/or Special Permit under Section(s) Table 6.2.3 Note A; 6.2.3.2.1 Ref. 6.2.3.2.3; 6.2.3.2.4 and 6.2.3.2.3 (height) of the Zoning By-laws in order to seek relief from the number of signs and elevation of signs on the building on the property located at 98 Walkers Brook Drive in Reading, MA. A Public Hearing on the petition of Gallery Automotive Group, LLC, D.B.A. Honda Gallery Service who seeks a Variance and/or Special Permit under Section(s) Table 6.2.3 Note A; 6.2.3.2.1 Ref. 6.2.3.2.3; 6.2.3.2.4 and 6.2.3.2.3 (height) of the Zoning By-laws in order to seek relief from the number of signs and elevation of signs on the building on the property located at 88 Walkers Brook Drive in Reading, MA. Attorney Robert McCann, of McCann & McCann, PC, was there on behalf of the owner and the Honda Gallery. He said they have appeared before the Planning Board and the Conservation Commission already. He asked if they could discuss both the cases at the same time as they are related and the Board agreed to hear the cases together and then write two separate decisions. The Chairman opened each case separately and swore in the participants. Attorney McCann said 128 Ford moved across the street and the Honda Gallery is moving in and will rehabilitate the property. Attorney McCann had appeared before the Board for 128 Ford for this same property. He said he had withdrawn the request for signage for 128 Ford at that time but now lie is here before the Board to request signage for the Honda Gallery. Attorney McCann said the DEP and the Reading Conservation Commission had approved the ,landfill and issued an Order of Conditions. CPDC had also approved the submitted plans to them. The only remaining issue is the signage. Tim Fitzroy outlined the signage plans submitted. The existing sales building at 88 Walkers Brook Drive is being retrofitted to conform to the Honda corporate image. 98 Walkers Brook will be the new building and they are seeking the same relief for this building for height and number of signs as for 88 Walkers Brook Drive. Attorney McCann said these buildings have deteriorated and they will be improved by the Honda dealership that will put them back into good condition. The signage requested is usual for Honda dealerships throughout the country. The Building Inspector said the requested signage for the sales building at 88 Walkers Brook Drive is less than allowed but split into three signs and that is why they need relief from the Board for this building. He has no problem with what they are requesting. ZBA Meeting, January 17, 2008 Brant Ballantyne of 52 Blueberry Lane, also Chairman of the CPDC, questioned the symbol for the pylon sign and whether the sign background would be lit. Mr. Fitzroy said yes, it would be lit. Mr. Ballantyne said he thought it should be opaque, as others in the area were required to be. The Building Inspector said the freestanding sign should be noted as having an opaque background. This sign will also be installed in front of 98 Walkers Brook Drive because of utility issues. Attorney McCam1 said technically it is all one lot and should be referred to as 88-98 Walkers Brook Drive as in the past. Case # 08-04: On a motion by Paul Dustin, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Petitioner, Gallery Automotive Group, LLC, D.B.A. Honda Gallery Service, a Variance, in two parts, in order to erect wall signs and a free standing sign (monument sign) on the property located at 98 Walkers Brook Drive, in Reading MA. This Variance is subject to the specific conditions where noted for each sign as follows. The identification for each building for both Cases, #08-04 and #08-05 is shown on the drawing entitled "Proposed Landscaping Plan for Route 128 Ford in Reading/Wakefield, Massachusetts" Plan Number 4-L-469, Sheet Ll, Rev 3, dated November 6, 2007, prepared for 128 Sales Inc, 88-98 Walkers Brook Drive, Reading MA. (1) Wall signs for the service building, 98 Walkers Brook Drive, denoted as "A", "B" and "C" may be placed as shown on the drawing A1.3, entitled "Exterior Elevations", which is dated 11- 19-07, and prepared by BKA Architects, Inc, 142 Crescent Street, Brockton MA, 02302. Such signs shall have, as maximum, the dimensions shown on drawing SK-1, prepared by BKA Architects. These signs shall not be subject to the height limitations of Table 6.2.3, Note A which limits the height of a sign to no higher than the sills of the second floor windows. (2) A Pylon/Monument sign as shown on drawing G-8.1, 8.2, dated October 2003, prepared by design • forum, may be erected at 98 Walkers Brook Drive and placed as shown on the Proposed Landscaping Plan noted above. This sign shall have an opaque background. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Jarema, Dustin, Petschek). Case # 08-05: On a motion by Paul Dustin, seconded by John Jarema, the Zoning Board of Appeals.moved to grant the Petitioner, Gallery Automotive Group, LLC, D.B.A. Honda Gallery Service, a Variance in order to erect wall signs on the building on the property located at 88 Walkers Brook Drive, in Reading MA. The identification for each building for both Cases, #08- 04 and #08-05 is shown on the drawing entitled "Proposed Landscaping Plan for Route 128 Ford in Reading/Wakefield, Massachusetts", Plan Number 4-L-469, Sheet L1, Rev 3, dated November 6,2007, prepared for 128 Sales Inc, 88-98 Walkers Brook Drive, Reading MA. Wall signs for the sales building, 88 Walkers Brook Drive, denoted as "A", "B" and "C" may be placed as shown on drawing SR1.2, entitled "South Elevation", dated 11-19-07, and prepared by BKA Architects, Inc, 142 Crescent Street, Brockton MA, 02302. Such signs shall have, as maximum, the dimensions shown on drawing SK-1, prepared by BKA Architects. These signs k` 6 ZBA Meeting, January 17, 2008 shall not be subject to the height limitations of Table 6.2.3, Note A, which limits the height of a sign to no higher than the sills of the second floor windows. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Jarema, Dustin, Petschek) Minutes On a motion by Susan Miller, seconded by Clark Petschek, the Zoning Board of Appeals moved to accept the minutes of December 6, 2007. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Jarema, Dustin, Petschek). Other Business: Maplewood Village Bond Release: On a motion by Susan Miller, seconded by Clark Petschek, the Zoning Board of Appeals moved to release the bond for Maplewood Village. The motion was approved by a vote of 4-0-1 (Redfern, Miller, Dustin, Petschek; Jarema abstained). On a motion by Clark Petschek, 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 (Redfern, Miller, Jarema, Dustin, Petschek). Respectfully submitted, Maureen M. Recording S 7 ZBA Meeting, January 17, 2008