HomeMy WebLinkAbout2006-05-18 Zoning Board of Appeals Minutes~TknJ CLERK
Town of Reading
ZONING BOARD OF APPEALS
Minutes of May 18, 2006
Members present: Susan Miller
Robert Redfern
John Jarema
Paul Dustin
Michael Conway
Members absent: Mark Gillis
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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.
Case #06-09
A Public Hearing on the petition of Kevin Fulgoni who seeks an appeal from a decision of the
Building Inspector under Section 7.4.2.1 of the Zoning By-laws in order to construct a single
family dwelling on a non-conforming lot on the property located at Lot A, South Street in
Reading, MA.
The Applicant's Attorney, Lisa Mead, submitted a letter to the Board stating she was unable to
attend the hearing and she requested that the case be continued to June 1,2006.
A letter was also submitted by abutter Paula Gentile that stated her opposition to a Variance
being granted in this case.
On a motion by Robert Redfern, seconded by Michael Conway, the Zoning Board of Appeals
moved to continue the hearing to June 1, 2006.
The motion was approved by a vote of 3-0-0 (Miller, Redfern, Jarema).
Case # 06-10
A Public Hearing on the petition of Ajay Chebbi who seeks a Special Permit under Section
63.11 of the Zoning By-laws in order to construct an open deck within the required rear setback
May 18, 2006
of 20'. The proposed setback of 17.1' will match the existing 17.1' setback (non-conforming) on
the property located at 41 Forest Street in Reading, MA.
The Applicant, Ajay Chebbi, said he wants to put a deck on the back of his house off the kitchen.
If he met the rear setback of 20' the deck would be too small and it would not be safe to use a
grille with children running around.
The Board thought the deck met the requirements and that it would not cause any further
encroachment.
On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals moved
to grant a Special Permit to the Applicant under Section 6.3.11.1 of the Reading By-laws in order
to remove and construct a new open deck 17.1' from the rear property line at the back of the
dwelling at 41 Forest Street as shown on the submitted Certified Plot Plan with the following
conditions attached:
1. A Certified Plot Plan showing the proposed open deck is submitted to the Building
Inspector prior to the issuance of a Building Permit;
2. A Certified Plot Plan of the "as-constructed" foundation/footings for the new deck be
submitted to the Building Inspector prior to proceeding with final construction; and
3. An "as-built" plan of the new open deck is submitted to the Building Inspector prior
to issuance of an Occupancy Permit.
The motion was approved by a vote of 3-0-0 (Miller, Redfern, Jarema).
Other Business
➢ Minor Modification to remove required landscape islands in front of some units.
John Cullen of Maplewood Village Development attended the meeting. Four of the residents had
requested in writing that these required landscaped islands not be installed so that these owners
could park their cars closer to their units. This would also free up the four spaces assigned to
them for additional parking. The Building Inspector and the Fire Chief said there is no
prohibition against residents parking in front of their doors.
Some of the Board members said they would like to see these comments by the Fire Chief and
the Building Inspector submitted in writing for the file.
On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals deemed
this request to be a minor modification contingent upon receiving comments from the Fire Chief
2 May 18, 2006
and the Building Inspector stating that there is no prohibition against residents parking in front of
their doors.
The motion was approved by a vote of 3-0-0 (Miller, Redfern, Jarema).
➢ Request to not install proposed walkway because of excessive poison ivy along the
proposed pathway behind the units.
The Zoning Board walked a small portion of the path with the Conservation Administrator. It
was proposed that the path be put in a different location but John Cullen stated that they could
not move it near other units that had been sold with these owners not expecting that there would
be a path behind their units.
The Conservation Administrator, Fran Fink, submitted a letter in which she stated that the Town
Manager wanted the path to be installed and remain where it was originally supposed to be. He
thought that Maplewood Development and the condo association to be responsible for the
control of the poison ivy in the pathway.
The Conservation Commission will be meeting on May 24th and will discuss the issue of
excessive poison ivy along the proposed pathway.
John Cullen said the poison ivy situation was originally raised by Fran Fink but Maplewood
Development did not have any problems with installing this path and controlling the poison ivy.
Since the ZBA was not involved in the original request that the pathway be included in the plans
the Board would need input from the Conservation Commission at which time the Board would
continue discussing this issue.
Minutes
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to accept the minutes of February 2, 2006 with changes.
The motion was approved by a vote of 5-0-0 (Miller, Redfern, Jarema, Dustin, Conway).
On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals moved
to accept the minutes of March 2, 2006.
The motion was approved by a vote of 5-0-0 (Miller, Redfern, Jarema, Dustin, Conway).
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to accept the minutes of March 16, 2006 with changes.
May 18, 2006
The motion was approved by a vote of 5-0-0 (Miller, Redfern, Jarema, Dustin, Conway).
On a motion by Paul Dustin, seconded by Robert Redfern, the Zoning Board of Appeals moved
to accept the minutes of April 6, 2006 with changes.
The motion was approved by a vote of 5-0-0 (Miller, Redfern, Jarema, Dustin, Conway).
On a motion by John Jarema, 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 (Miller, Redfern, Jarema, Dustin, Conway).
Respectfully
6culo .
Maureen M.
Recording
4 May 18, 2006