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Home My WebLink About2005-07-21 Zoning Board of Appeals MinutesU Town of Reading ZONING BOARD OF APPEALS Minutes of July 21, 2005 Members present: Susan Miller John Jarema Robert Redfern Paul Dustin Members absent: Michael Conway Mark Gillis V 1 L~ /1A S S. w : G 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 # 05-13 Continuation of a Public Hearing on the petition of Michael J. Garrity who seeks a Variance/Appeal from a decision of the Building Inspector under Sections 2.2.13 (frontage) / 7.4.2.1 of the Zoning By-laws in order to occupy a single family dwelling that does not comply with Section 6.1.1.3 off-street parking and loading/unloading requirements on the property located at 51 Colburn Road. Also does not comply with the definition of frontage (2.2.13). Attorney Mark Favaloro asked for a continuance because the Applicant is seeking an agreement with the Town Engineer regarding the two parking spaces in the front of the property. On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals voted to continue the hearing to September ls` The motion was approved by a vote of 3-0-0 (Miller, Redfern, Jarema). Case # 05-15 Continuation of a Public Hearing on the petition of Richard P. Merrill, Trustee, who seeks a Variance under Sections 4.8.3/4.8.6.1 of the Zoning By-laws in order to construct three dwellings, roadway layout and driveways on the lot located at 175 Franklin Street which is located in the Aquifer Protection District. ,q)-N.'rU Attorney Brad Latham said he had prepared a draft of the decision and the Board said they would discuss the conditions that may be included. The Board suggested a few minor changes to the decision prepared by Brad Latham and they also wanted the sketch plan drawn by Hayes Engineering to be included as part of the decision. The sub-division had not been approved yet because Brad Latham said they wanted the case to come before the ZBA first. The Board was concerned that anyone who bought this property could come in at a later date and pave over the walkways and driveway and that would change the whole intent. Attorney Latham said they would have to come back before the Board if they exceeded 22 % lot coverage. On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals approved a variance to the Petitioner to allow the impervious surface on the property to exceed 20% on the following conditions: 1. The sum of the impervious surfaces on the property shall not exceed 22%. 2. The Petitioner shall use a paver stone or turf block or some other pervious materials satisfactory to the Town Engineer for the driveways and walkways on each of the three lots; the Town Engineer shall approve all proposed groundwater recharge systems. 3. Prior to the issuance of the first Certificate of Occupancy for the first new house in the subdivision on the Property, the Petitioner shall execute and record at the Middlesex South District Registry of Deeds, at his cost, a restrictive covenant on the Property and each lot, prohibiting paving over paver stone or turf block on walkways and driveway surfaces. 4. The impervious areas on each of the three new lots shall not exceed the impervious areas for that lot as stated on the attached table (Exhibit A) and shown on the incorporated Sketch Plan without written permission from the Zoning Board of Appeals. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Jarema). Chairman Susan Miller withdrew from the next case because she is a neighbor of the abutters and Robert Redfern assumed the Chairmanship. Case # 05-16 Continuation of a Public Hearing from the July 14, 2005 meeting on the petition of John Johnston (K-9 Performance Plus) who seeks a Special Permit under Table 4.2.2 (substantially similar to permitted use) of the Zoning By-laws in order to use the property located at 335 Main Street for a professional dog training and state-of-the-art boarding facility. John Johnston represented himself and said he currently has a dog training facility in North Reading but wants to move to this location in Reading in order to expand into boarding. The training he conducts is for household pets, canines (police dog training), customs dogs and service dogs. He also wants to offer boarding facilities with in-kennel training. The property has been vacant for five years and it was formerly office space. He will keep some office space, add kennels and a training area which will just be open space. All business will be conducted in the building and the outside area will not be used for other than parking. Dogs will be boarded overnight and weekends. He will have a small outside area on the side of the building for sanitary facilities but the dogs would always be leashed. There would not be any chance of accidental escape by any of the dogs. The kennel area will have floor drains that connect to the sewer. Mr. Johnston has already appeared before the CPDC and they gave him a waiver for parking and said he had ample parking so the site plan review was waived. The CPDC approved it on the condition that the ZBA approved his proposal. There was much discussion among the Board members as to the use that this facility would fit in with. The Applicant thought it fit into the grooming use because there will be dogs on the premises. There is only a veterinary use in Business A and this use does not seem to fit in that category. Close by is the Bed & Biscuit that also boards dogs but that facility was grandfathered in. The Building Inspector said they had not received any complaints about the Bed & Biscuit operation that also operates a doggie day care. The Applicant said he had the approval of the Public Health Administrator as well as permission to tie into the Town sewer. He said he had a $1,000,000 liability policy and he had never had any problems in North Reading with his abutters. His reputation in North Reading was impeccable and he had a close relationship with the Town of North Reading. Joe Westerman, 17 Avon Street, said the outside area that was proposed is actually residential and near wetlands. The applicant said the area he is proposing is not in the wetlands. David Gillette, 26 Pierce Street, said there are several veterinarians that also do boarding in the Town. Some of the people that have trained their dogs with the Applicant in North Reading were highly complimentary of the Applicant and his services. The Applicant said he has a veterinarian on call that will come to his facility if necessary and he has the authority for any dogs in his care to be treated medically if required but he sees his business as more of a consumer service. The Board concluded that they could reference the veterinarian services and offer the testimony of the people who spoke before the Board that this business is similar to a veterinarian in that - they sometimes also offer boarding and training. On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals voted to grant the Petitioner a Special Permit under Table 4.2.2, Substantially Similar to the Permitted Use of a Veterinary Establishment, to conduct a dog training and boarding facility at 335 Main Street subject to the following conditions: 1. The Petitioner and/or his staff and clients shall not make use of the adjacent Wetland Impacted Resource Area. 2. A six (6) foot chain link fence is to be erected back from Main Street between the property line and the edge of the pavement along the lot line between the property at 335 Main Street and the property N/F of Blanche I. Wilkinson to the South. The fence shall continue back to the Southwesterly corner of the building along the edge of the pavement and shall be provided with a secured gate preventing access to the wooded wetland impacted area of said lot. The fence is to blend with the surrounding area and shall be approved by the Town's Building Inspector. 3. This Special Permit is further conditioned upon the receipt by the Petitioner of all required approvals from all appropriate Town Agencies, Boards and Commissions. The motion was approved by a vote of 3-0-0 (Redfern, Jarema, Dustin). On a motion by Robert Redfern, seconded by Paul Dustin, the Zoning Board of Appeals voted to adjourn the meeting. The motion was approved by a vote of 4-0-0 (Miller, Redfern, Jarema, Dustin). 4