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HomeMy WebLinkAbout2005-05-19 Zoning Board of Appeals MinutesToWd LkK v Town of Reading t ,1 F Q ZONING BOARD OF APPEALS Ut- Minutes of May 19, 2005 ~i 1 1 U" Members Present: Susan Miller Paul Dustin Robert Redfern Michael Conway John Jarema (arrived 8:30 PM) Members Absent: Mark Gillis 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 # 05-08 A Public Hearing on the petition of Sage Building & Development Corp. who seeks a Special Permit under Sections 6.3.17 & 6.3. 11 of the Zoning By-laws in order to raze the existing dwelling and construct a new dwelling in the same area as the existing foundation, as is shown on the plans, on the property located at 23 Criterion Street. Applicant is combining two lots so the non-conformity of the property lessens. - Attorney Brad Latham spoke on behalf of the Applicant. He said they will combine two lots and the new lot will have 150' frontage with 15,000 square feet. The structure is located 12 feet from the street and they would like to use the same footprint due to nearby conservation land. The Conservation Commission has ahpproved the plan and the Applicant expects to receive their final Order of Conditions on May 25t . Currently the stairs protrude and they would like to move them back into the recessed area shown on the plan and this will lessen the non-conformity. The proposed structure is more in keeping with the neighborhood than what is presently there. A variance was granted back in the 60's to put in the foundation but the structure was never built on the foundation. They will not use any of the existing foundation for the new dwelling. They will start right from scratch but in the same footprint. Cindy Melanson, 28 Criterion Road, asked what the square footage of the house would be and she was told 1,725 square feet. Maureen Kelley, 24 Criterion Road, asked about the asbestos removal and was told a licensed abatement contractor would do it. Dorothy Kelly, also of 24 Criterion Road, wanted to know the hours of construction and was told the builders will abide by the Town rules. On a motion by Paul Dustin, seconded by Robert Redfern, the Zoning Board of Appeals voted to grant the Petitioner a Special Permit under Section 6.3.17 of the Zoning By-laws in order to raze the existing dwelling and to construct a new dwelling in the same area as the existing foundation as shown on the referenced certified plot plan on the property. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Dustin). Case #05-10 A Public Hearing on the petition of Habitat for Humanity c/o Joseph Boyle who seeks a Chapter 40B Comprehensive Permit in order to allow the construction of two single family dwellings with insufficient lot and area frontage on the property located at Governors Drive, Assessors Map 93, Plot 33. Joseph Boyle spoke on behalf of Habitat for Humanity. He said they have been working with the Town regarding this affordable housing. They are proposing to build two houses and are asking for a Chapter 40B Comprehensive Permit to be granted. The Board of Selectmen has voted for the Town to go forward on this project. He explained that once the permits from the state and Town are granted the Town would transfer over the property to Habitat for Humanity. The property will then be transferred to the owner families and they will be the legal owners. The remainder of the Town land in this area will continue to belong to the Town. Habitat for Humanity will be acquiring only the land for the building lots. It is a gift in return for reimbursing the Town for some needed improvements to the roadway and infrastructure. The Town will be adding drainage lines along the roads to the wetlands and resurfacing in that area. The Board wished they had received the list of requirements and mitigation for the Applicants that were set forth by the Board of Selectmen. Mr. Boyle said they worked out the partnership between the Town Manager and Habitat for Humanity. They are bound by these conditions which are in writing but they did not object to having some redundancies in the Zoning Board 40B Comprehensive Permit. He said they also had an Order of Conditions from the Conservation Commission. The frontage for each lot will be 75' and this is not dissimilar from other lots on the street. Habitat for Humanity will transfer the homes to the owners for basically what it costs to build which is approximately $90,000. The owner families become the actual owners but there are in perpetuity deed restrictions that are monitored by C.H.A.P.A. in order to avoid windfall profits. The Chairman read a memo from the Town Planner dated May 19, 2005 that stated the Town was fully behind this project and approved it. He said he did not have any problems with the lot sizes or the frontage because it is consistent with the neighborhood and the street and he recommended that the Board grant the 40B Comprehensive Permit. On a motion by Robert Redfern, seconded by Paul Dustin, the Zoning Board of Appeals closed the public hearing. The motion was approved by a vote of 3-0-0 Miller, Redfern, Dustin). On a motion by Robert Redfern, seconded by Paul Dustin, the Zoning Board of Appeals voted to approve the Comprehensive Permit application by Habitat for Humanity-Greater Lowell for property on Governor's Drive in Reading, as submitted, subject to the following Conditions and Exceptions: Conditions: The permit shall be subject to the Selectmen's and DHCD approvals and Reading's ZBA Comprehensive Permit Rules as applicable. Exceptions: The following relief from the Reading Zoning By-laws is granted: Minimum Lot Area (Sq. Feet) 15,000 required, not less than 7,500 allowed; Minimum Frontage: 100' required, not less than 75' allowed. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Dustin). - Case #05-07 Continuation of a Public Hearing on the petition of Danis Reading Realty Trust who seeks a Variance/Appeal from a decision of the Building Inspector under Sections 6.2.3/7.4 of the Zoning By-laws in order to install a free-standing sign on the property located at One General Way. The sign exceeds the maximum sign area allowed and also exceeds the allowable height. The case was not heard because the Applicants or their representatives did not attend the meeting. On a motion by Robert Redfern, seconded by Paul Dustin, the Zoning Board of Appeals voted to continue the case to June 2, 2005. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Dustin). Minutes On a motion by Robert Redfern, seconded by John Jarema, the minutes of March 3, 2005 were accepted with changes. The motion was approved by a vote of 4-0-0 (Miller, Redfern, Dustin, Jarema). 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, Dustin, Jarema). Respectfully Maureen M. Recording S