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HomeMy WebLinkAbout2007-09-06 Zoning Board of Appeals MinutesI OWN LRK Town of Reading ZONING BOARD OF APPEALS - Minutes of September 6, 2007 Members present: Robert Redfern, Chairman John Jarema Michael Conway Clark Petschek Paul Dustin Peter Tedesco Members absent: Susan Miller tZ -.,u-l V ED TOVIN CLERK READING. MASS. 2001 OCT I I P 12: 58 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 # 07-13 A Public Hearing on the petition of Ann C. Toomey who seeks a Variance under Section 5.1.2 of the Zoning By-laws in order to construct a 5.5' x 22.2' addition (enclosed porch with a landing and stairs) on the property located at 140 Howard Street in Reading, MA. The proposed addition will be 9.3' from the sideline rather than,the 15' required. Ann Toomey said her porch is too small and she would like to make it larger. John Jarema asked the Building Inspector if he was able to discuss with the Applicant the requirements for a Variance and he said he had. Mr. Jarema asked the Applicant if she was aware that she had to present her case to the Board and she said she had already presented it to the Building Inspector. The Chairman explained the four criteria she had to present and why the Board needed to hear some strong arguments for the proposed construction. The Applicant said the porch is ready to fall down. She said she does not have a garage but she has a shed but it not enough for her storage needs. The porch would give her more sunlight and fresh air in her kitchen as well as a place to put her furniture. She does not want to put any additional storage facility in the rear yard because she has gardens she does not want to disturb. Mr. Jarema asked the Applicant if she had anyone that could come before the Board and present the case for her. He explained that a Variance is difficult to obtain and the Board cannot present the case for her. She said she can bring her attorney and the Chairman said that would be helpful but she could bring someone other than an attorney if she choose. Other Board members suggested she could perhaps bring her contractor. v ZBA Meeting, September 6, 2007 Ann Grogan, 136 Howard Street, an abutter, said she is against this proposal because there is not enough space to expand. She said any construction on either side would diminish the space. On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals moved to continue the hearing to October 4, 2007 so that the Applicant could seek advice and bring a representative to present her petition to the Board. The motion was approved by a vote of 5-0-0 (Redfern, Dustin, Jarema, Conway, Tedesco). Case # 07-14 A Public Hearing on the petition of Stop & Shop who seeks a Variance under Section 6.2.3 (table) of the Zoning By-laws in order to install eleven (11) wall signs and twelve (12) logo cut signs on the property located at 25 Walkers Brook Drive in Reading, MA. Chris Morrell, Magnoli Sign Company, said these signs would not be out of line for the neighborhood. They are tasteful and well within the required amount allowed. She said these signs would be in keeping with the general signage in the neighborhood and other nearby properties. The Building Inspector said the current bylaws allow one sign per building and for this building it could be a total of 1,364 square feet. This would allow a large sign 4' deep the entire length of the building. What they have there now is much, much smaller and they have an approved plan by the CPDC for this proposal. Ms. Morrell said the separate signs would direct the customer to the closest door leading to that particular department in the store where they wanted to go. The Building Inspector explained the various signs requested and how the CPDC had given their approval. He explained how some sections in the store are separate businesses while others are departments that are part of the Stop & Shop. The Building Inspector explained to the Board that the Applicants would either have to go before the CPDC or appear before the ZBA to have these particular signs approved and he had advised the Applicants he thought the ZBA was the better option. He said in view of the Variances that were granted to the Hallmark Health building he thought this proposal was reasonable and suitable for the area. The Board discussed the logo signs that were being shown on the shopping carriage corrals and it was felt that logo signage was not really necessary for these corrals. Ms. Morrell explained why some of the wall signs were different sizes and it was mainly because of name brand logo requirements for that particular business. Mary Ellen O'Neill, 125 Summer Avenue, said the landscaping and signs now there at the Stop & Shop were attractive but she thought the additional signs requested were excessive. She did 2 ZBA Meeting, September 6, 2007 not think. these signs would be helpful to customers and she suggested a guide outside the doors that could instruct people as to where the various departments were located within the store. Mr. Jarema explained how the Board has granted other Variances in this area of the town and the Board tries to treat all businesses as equally as possible. The Building Inspector said he thought all the signs for the Stop & Shop, with the exception of Staples, could be approved with a Variance by the Board and the Applicant could go back to the CPDC for the additional signage for Staples. Michael Conway said he thought that Staples was the same as the other departments in the store because they did not have a separate check out counter just for Staples but instead the Staple products would be checked out along with all the other purchases made in the supermarket. Mr. Conway said what the Applicant is asking for is the norm for other Stop & Shops in the area and reasonable within the framework of what has been granted for other businesses in this area. On a motion by Michael Conway, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicant a Variance to allow the installation of eleven (11) wall signs for one tenant, not to exceed 168.5 square feet as noted on the signage plan and drawings prepared by Agnoli Sign Company, showing wall signs, dated August 6, 2007, on the condition that any additional signage or increase in signage area must be approved the Board. The motion was approved by a vote of 5-0-0 (Redfern, Conway, Dustin, Jarema, Petschek). On a motion by Michael Conway, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicant a Variance to install twelve (12) logo cut signs on the cart corrals located in the parking lot on the property. The motion was not approved by a vote of 0-5-0 (Redfern, Conway, Dustin, Jarema, Petschek). Case # 07-15 A Public Hearing on the petition of Joseph Pandolfo who seeks a Special Permit under Section(s) 6.3.17 of the Zoning By-laws in order demolish an existing single family dwelling on a non- conforming lot and to build a new single family dwelling on the property located at 97 Van Norden Road in Reading, MA. Joseph Pandolfo said he was representing Brian and Melissa Murphy who are the current owners of the property. They are requesting a Special Permit in order to demolish the existing dwelling and build a new one. They are lacking the required frontage. The house presently there is not livable, has been abandoned for a long time and is a hazard. Mr. Pandolfo said the house is non- conforming because the sideline is 13' from the property line. The Applicants want to build a center entrance colonial with a two-car garage. The lot is 37,519 square feet and is being under- used. The proposed setbacks will meet all existing requirements and the new structure will only E 3 ZBA Meeting, September 6, 2007 have 5% lot coverage. The new house will be a major improvement over what is there now and the size is appropriate for the neighborhood. The Building Inspector said there are no issues with the proposal and it is a typical teardown and rebuild. Mr. Pandolfo said they have already gone before the Conservation Commission and expect approval to be issued at the next meeting. Elaine Olsen, 92 Van Norden Road, said she has three concerns. She is worried about the blasting and or the removal of the trees on this lot and the rodent and insect controls that will be in place for the demolition. Mr. Pandolfo explained the procedures that the Town requires and what they will be doing. Brain Salerno, 101 Van Norden Road, said he is worried about the site surveys that will be performed by the insurance company concerning the blasting and said he did not want to have to take a day off from work for this purpose. On a motion by Paul Dustin, seconded by Michael, the Zoning Board of Appeals moved to grant the Applicants a Special Permit under Section 6.3.17 of the Zoning By-laws in order to demolish the current dwelling and replace it with a new structure as shown on the referenced plot plan. The Special Permit is conditioned upon the following: 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. 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, Dustin, Jarema, Conway, Tedesco). Minutes The minutes of August 16, 2007 will be voted on at the meeting of September 20, 2007. Other Business 4 ZBA Meeting, September 6, 2007 Stephen Goldy is now the Selectmen's liaison to the ZBA. On a motion by Clark Petschek, seconded by John Jarema, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by, a vote of 6-0-0 (Redfern, Dustin, Jarema, Conway, Tedesco, Petschek). Respectfully j M" i Maureen M. Recording Sf 5 ZBA Meeting, September 6, 2007