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HomeMy WebLinkAbout2006-10-19 Zoning Board of Appeals Minutesowl C,~Ri~ Town of Reading ZONING BOARD OF APPEALS Minutes of October 19, 2006 Members present: Susan Miller John Jarema Paul Dustin C11) CZ7 Z Michael Conway Peter Tedesco te Clark Petschek - r -0 Members absent: Robert Redfern cn 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. Paul Dustin chaired the meeting in the absence of Robert Redfern. Case # 06-25 A Public Hearing on the petition of Quannapowitt Players/Jason Benagh who seek a Variance/Special Permit under § 5.0/6.3.10/6.3.10.2/6.1 of the Zoning By-laws in order to construct an addition to a non-conforming structure within the required setbacks on the property located at 55 Hopkins Street in Reading, MA. Jason Benagh spoke for the Quannapowitt Players as one of the members and the Project Manager for the expansion. Also present was Dale Jienapp, Engineer, and Andrea Butler, Attorney and member of the organization. Mr. Benagh gave an overview of the history of the organization and the building. In 1974 the organization was granted a Variance to present performances in the building. They now need an addition in order to install improved restroom facilities, including a handicapped access restroom on the ground level, improved egress from the basement and a larger lobby. Mr. Jienapp said they are not increasing the auditorium size or the seating so additional parking would not be required. Then want to demolish a portion of the building and build an addition along the side and wrap it around the back of the building. There is a rather large retaining wall of approximately 11' high along the back property line. They propose to decrease the height of the taller section of the retaining wall on the right rear corner and level it out. Mr. Dustin reminded Mr. Jienapp he should be prepared to meet the four criteria required for a Variance. He said it also appeared that they need relief from the setbacks shown on the plot plan. ZBA Minutes, October 19, 2006 Mr. Jienapp said they are a conforming use because they have a past Variance although they may be non-complying. He said they might need a legal opinion. Gerry Fiore, 11 Gateway Circle, submitted a picture from his backyard that shows the retaining wall and part of the playhouse. He said the Quannapowitt Players have been good neighbors but this playhouse does not belong in a residential area. The retaining wall has been a buffer that has kept this playhouse out of the residential area. With the wall gone the view will be an exposed broad view of this building. The dimensions and scope of this expansion is not acceptable for this residential area. The proposed gallery windows will allow bright lighting to shine out on the residential area. Mr. Fiore questioned if they would increase the number of performances in order to pay for this expansion or perhaps rent the facility to other groups. He questioned if this is a historical building and he wanted to know if the Historical Commission has been notified and consulted. The runoff is excessive now and the lowering of this wall will only increase the runoff. Mr. Fiore also thought the change of the main entrance from the front to the rear would increase noise and movement in this rear residential area. Mr. Jienapp said they would have to go before site plan review, the Historical Commission, Town Engineer and Conservation Commission. He did not think bringing the wall down would create problems. He said they have not done any lighting design yet but there are modern solutions available. Mr. Fiore said the new exposure of the building is overwhelming and from his yard it will be in full view. What is there now is barely visible. He did not think the plan presented would be in keeping with the neighborhood. Mr. Jarema said without the Building Inspector present the Board did not know what the cited Zoning By-laws Sections seemed to indicate. Mr. Jienapp said they referred to theatres. Mr. Jienapp said in his letter to the Building Inspector submitted with the application he quoted his interpretation as to what relief they needed for their expansion. . Mr. Dustin asked the Applicants again what type of relief they were seeking and whether they were requesting a Special Permit or a Variance. Ms. Miller said she thought the Building Inspector seemed to indicate in his denial letter that the Applicants were requesting a Special Permit. Mr. Jarema said this is the first stop along the road for this project and the Applicant has not yet appeared before any of the other Boards and Commissions in the Town. He thought a Variance would be the viable option and not a Special Permit but perhaps they should seek Town Counsel's opinion or continue until there is more input from the other Town groups. Ms. Butler, Attorney for the Quannapowitt Players, said the Variance granted in 1974 stated that should the Quannapowitt Players not use this as a theatre it would revert to residential use. She asked if this case could be continued so that Town Counsel could be consulted, or could the Board require the Building Inspector to be present so that the Board can question him and then decide what should be granted, either Special Permit or a Variance. 2 ZBA Minutes, October 19, 2006 Mr. Fiore said when the 1974 ruling was made their abutting houses did not exist but were built in 1976 and 1977. Ms. Miller said she would not object to obtaining Town Counsel's opinion but the Board has been reminded many times in the last year that Zoning must grant relief first. She said they are only being asked to grant the Applicant's request to build further into the setbacks and she did not feel it necessary for the Applicant to go before other Boards and Commissions first. Mr. Conway said he agreed but he would like the Applicants to present a more cohesive argument specifically relating to § 6.3.11.2b and 6.3.d. He also thought they could more effectively present alternative solutions to raised neighborhood objections. Attorney Butler said if the hearing is continued she wanted the Board to specifically state what information they wanted the Applicant to come back with. Mr. Jienapp reviewed some of the building details and explained that the back of the building would contain a new entrance and there would be a bank of windows along the new gallery in the back. He said the current retaining wall is in such unstable condition that they could not backfill behind it and trying to preserve it would be an astronomical cost. He predicted that there would be less water runoff than at present. He said they would be happy to work with the neighbors and the design they presented is a real design. Ann Bruce, member of Quannapowitt Players, said the patrons now stand outside under the canopy. She said the only change is that with the proposed addition the patrons will be inside and not have to stand outside. She said the lobby would not be lit brightly. The Board decided that they would like to seek additional information from Town Counsel. Ms Miller also told the Applicants they should be prepared to argue a Variance should that be deemed the proper route to pursue. Attorney Butler said they would be agreeable to a continuance but they would like any opinion rendered by Town Counsel before then to be forwarded to her as soon as it was received. On a motion by Mr. Conway, seconded by Ms. Miller, the Zoning Board of Appeals moved to continue the hearing to November 2, 2006. The motion was approved by a vote of 5-0-0 (Dustin, Miller, Jarema, Conway, Petschek). Other Business: The Board discussed the stamping in of decisions by the Town Clerk. At times it has been difficult to get all the required signatures in time due to daytime work demands on the Board. The Town Manager told the Board they could authorize one member to sign the decision for the - other members. It also was suggested that the decision be ready by the Monday before the ZBA Minutes, October 19, 2006 Thursday the decision is due. Mr. Dustin will ask Town Counsel for the legal way in which to authorize one Board member to sign the decisions and represent the other Board members. On a motion by Mr. Jarema, seconded by Ms. Miller, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 6-0-0 (Dustin, Miller, Jarema, Conway, Tedesco, Petschek). Respectfully su Maureen M. Recording S 4 ZBA Minutes, October 19, 2006