HomeMy WebLinkAbout2007-10-30 Zoning Board of Appeals MinutesTown of Reading
ZONING BOARD OF APPEALS
Minutes of October 30, 2007
Members present: Robert Redfern, Chairman
Susan Miller
Paul Dustin
Peter Tedesco
Clark Petschek
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TOVIItj CLERK
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Members absent: John Jarema (who had recused himself from this case)
A meeting of the Zoning Board of Appeals was held in the Conference Room of the Town Hall,
16 Lowell Street, Reading, Massachusetts, at 7:00 P.M.
Case # 07-20
Continuation of a Public Hearing on the petition of Salvatore Santorelli who seeks a Variance
from the Aquifer Protection District under Section(s) 4.8 of the Zoning By-laws in order to build
8,400 square feet of retail space on the property located at 1349 Main Street in Reading, MA.
Attorney Michael Larkin represented the Applicant and said they are in the final stages of getting
site plan review from the CPDC and they are requesting a Variance to exceed the impervious
cover allowed. This is the last condition they need approved in order to get approval from the
CPDC. He said they could exceed 20% if they got a storm water management system installed.
Attorney Larkin said the Building Inspector told him they needed a Variance because this was a
commercial property and they were increasing the size of the structure.
Jack Sullivan; Sullivan Engineering Group, said they were reducing the impervious lot coverage
on the site by 2 %2 % and adding storm water management. He said the Building Inspector
thought the cleanest way was to appear before the Board for a Variance. There currently is no
drainage system on the property so they are improving the lot with a ten-year storm management
system that is more than what is required. Mass Highway will be issuing the curb cut permits and
the Applicant has also reduced the curb cut size over what was on the lot previously.
Attorney Larkin said they are proposing an 8,400 square foot building that will meet all
dimensional controls. He said this property is unique and has existed for many years; a literal
enforcement would cause financial hardship fof the Applicant; the project would not be
1 ZBA Minutes, October 30, 2007
detrimental to the area; and the adding of the storm water management system would meet the
intent of the By-laws.
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The Chairman said it appears to him that the Applicant has tried to meet the requirements of the
bylaws. He said there was a letter from the Town Planner stating the Conservation Administrator
thought the storm water management system would need quarterly maintenance and the Board
would require that be a condition of a Variance. Attorney Larkin said this condition will be
included in the CPDC site plan approval that will be issued.
Mr. Sullivan said the Town witnessed the percolation tests and they were acceptable and all work
would be outside the 100' conservation buffer zone. Mr. Sullivan said, by-right they could just
rebuild what was there before the fire with no storm water management so, it was to the
advantage of the Town to approve the Variance request. Mr. Sullivan made reference to the
Selectmen Policy that would have allowed this project if it was residential. Mr. Dustin and the
Chairman both said they were not aware of this Selectmen Policy.
Mr. Petschek wanted to know if they had considered building a smaller building and Mr. Larkin
said it would not have reduced the impervious cover because the pavement would have been
extended.
On a motion by Paul Dustin, seconded by Clark Petschek, the Zoning Board of Appeals moved
to grant the Applicant a Variance from the Aquifer Protection District under Section 4.8.1.10 of
the Zoning By-laws in order to build 8,400 square feet of retail space on the property located at
1349 Main Street. This construction is to be in accordance with the Site Development Plan
referenced in paragraph two of the decision. The Variance is conditioned upon the following: the
final design of the required infiltration and groundwater recharge plan is to be approved by the
Town Engineer prior to the issuance of a building permit.
The motion was approved by a vote of 5-0-0 (Redfern, Miller, Dustin, Petschek, Tedesco).
On a motion by Susan Miller, seconded by Clark Petschek, the Zoning Board of Appeals moved
to adjourn the meeting.
The motion was approved by a vote of 5-0-0 (Redfern, Miller, Dustin, Petschek, Tedesco).
Respectfully
Maureen M.
Recording &
2 ZBA Minutes, October 30, 2007