HomeMy WebLinkAbout2005-07-14 Zoning Board of Appeals Minutes4-11
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Town of Reading
ZONING BOARD OF APPEALS
Minutes of July 14, 2005
Members Present: Susan Miller
Robert Redfern
John Jarema
Members Absent: Marl-, Gillis
Michael Conway
Paul Dustin
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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. Also in attendance was Glen
Redmond, Commissioner of Buildings.
Case #05-16
A Public Hearing 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.
The Board opened the hearing but Susan Miller had to recuse herself because she lives so close
to 335 Main Street. This reduced the number of Board members present to two and this was not.
sufficient to hear the case. Robert Redfern assumed chairmanship of the Board. The Applicant
requested the case be moved to another date.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to continue the case to July 21St
The motion was approved by a vote of 2-0-0 (Redfern, Jarema).
Susan Miller resumed chairmanship of the Board
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Case # 05-15
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.
Attorney Brad Latham and Peter Ogren of Hayes Engineering represented the Applicant.
Attorney Latham said there are over 2 acres in the property. The Applicant purchased the land a
long time ago in order to build a home for his daughter and granddaughter. He is now looking at
alternative uses for the land. The dwelling currently on the property is in the shape of a ship and
is on the outer reaches of the Aquifer Protection District. The Applicant would like to build three
houses, one of which would be for his daughter. The Community Planning and Development
Commission will not waive the access roadway requirements. The submitted proposal would
have 21.9% lot coverage instead of the maximum 20% that is allowed. The roadway would take
70% of the impervious allowance alone. All other zoning and regulations required by the Town
of Reading would be met. Without relief it would not be economically feasible to build on the lot
with only two houses. They did not think the proposal would have an adverse effect on the
Aquifer because there would be adequate recharge. The lot is not in a well-head aquifer but
rather an overlay district.
Attorney Latham said the houses in the plan are intentionally small and that future development
can be curtailed by inclusion of restrictions in the deed riders. The Applicant plans to build the
roadway to Town standards and then offer it to the Town but the Town doesn't have to accept it.
The Board questioned if the Town maintains the roadway and storm drains, would this turn into
a precedent and, other people who are in similar situations would have to consider half the
roadway in front of their house part of their impervious cover.
It appears the storm water being collected in the roadway is returned to a retention system in the
pond and there isn't any storm-water impacting Franklin Street. The Board also wanted to know
if this becomes a roadway and is divided into three lots would there be sufficient frontage for
each lot.
The Board said that Town Counsel might be able to offer some insight and since there are no
calculations or soil tests the Applicant needs to work with the Town Engineer. In the past if the
Engineer approved the groundwater recharge plan then the Board will go along with that.
Attached to the Conservation Commission's comments were their recent guidelines adopted in
April 2005. Using these guidelines and meeting with the Town Engineer will solve some of the
issues.
Tom McKenna, 181 Franklin Street, said he had concerns about blasting in the area because of
the ledge. He wondered what it might do to his house.
Attorney Latham said that if anyone had property damage due to the blasting they are entitled to
compensation. He said that abutters may make a pre-blasting video.
Peter Ogren said the Fire Department monitors the blasting and they don't usually see a lot of
problems. He said the blasters have insurance and they will be responsible. If there is a problem
the cracks will show up right away.
Tom McKenna said he also had concerns about a wall that is going to be on the property. He
worried about children falling over this wall.
Peter Ogren said they could put a fence if it would help but a wall this size would require a
building permit and would be inspected.
Steve Nazzaro, 17 Collins Avenue, asked how many retention ponds there would be and said he
was concerned about children in the area falling in the ponds.
Peter Ogren said there would be one retention pond and he thought that children should be kept
away from it. He said they would put a fence around the retention pond if asked.
Virginia Adams, Historical Commission, said that according to a 1985 newspaper article the
owner was placing a 25 year deed restriction on the property and she wanted to know if this was
ever filed and still exists.
Attorney Latham said that the previous owner lost the property due to foreclosure so the deed
restriction would be wiped out.
Steve Nazarro asked whether the driveway was impervious or pervious in the final plan.
Peter Ogren said they are willing to make the driveways pervious (turfstone pavers). The relief
they are asking for is to allow the total impervious area to be 21.9% with the sidewalks on both
sides and the driveways included in this figure. If CPDC waives the second sidewalk that would
make the coverage even better. The houses will be 24' x 32' maximum and there will be a roof
recharge system on each house.
The Board was concerned about the future owners of the subdivision lots coming before the
Board to request expansion on their properties. Peter Ogren said they could have a common
deed restriction. The Board said they are not comfortable drafting the language and would need
assistance. They wanted to continue the hearing so that the Applicant's attorney could draft
language the Board would be comfortable with.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals made a
motion to continue the hearing to July 21St
The motion was approved by a vote of 3-0-0 (Miller, Redfern, Jarema).
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to accept the minutes of May 19th with changes.
The motion was approved by a vote of 2-0-0 (Miller, Redfern).
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals voted
to adjourn the meeting.
The motion was approved by a vote of 3-0-0 (Miller, Redfern, Jarema).
Respectfully submitted,
Maureen M.
Recording S