HomeMy WebLinkAbout2004-09-16 Zoning Board of Appeals MinutesTown of Reading
ZONING BOARD OF APPEALS
Minutes of September 16, 2004
Members Present: Susan Miller
:
n
John Jarema
Robert Redfern
Paul Dustin
`c
CD
Members Absent: Mark Gillis
Michael Conway
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.
Other Business: Change in Zoning Board size from three to five members.
Peter Hechenbleikner, Town Manager, appeared before the Board and spoke about the proposed
change in the number of ZBA members from a three member, three alternate Board to a five
member, two alternate Board. The Board would have to find one additional member. It would be
three out of five votes to grant a Special Permit and four. out of five votes to grant a Variance.
The change will have to be approved at Town Meeting on November 18, 2004.
Minutes:
On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals voted
to accept the minutes of June 6, 2004 with changes.
The motion was approved by a vote of 4-0-0. (Miller, Redfern, Jarema, Dustin)
Case #04-24
A Public Hearing on the petition of Steven & Lisa Tavoletti who seek a Variance under Section
5.1.2 of the Zoning By-Laws in order to construct a two-story addition within the required side
yard setback on the property located at 12 William Road. The Applicants request the same relief
previously granted in ZBA Case # 0240.
Steven Tavoletti said they had requested and received this Variance back in 2002 but it had
expired. They were asking for a second approval and they have a contractor who could begin the
project in November. The Chairman asked if they were requesting anything different from the
last time and the Applicant said nothing different was being requested.
Mr. Tavloletti said the gas company had moved the easement by flipping it over so they
maintained the 30' easement and he had the signed documentation. The document is called an
"Amending Right of Way Agreement." The lot coverage will change from 15% to 20% but the
Applicant said the Town Engineer gave tentative approval. The proposed addition will have a
bump out on the left side but it does not affect the side yard setback.
The Board said they would need a new certified plot plan since the plan was changing from what
was originally presented when they were granted the previous Variance. They want a plot plan to
show what is existing and what is proposed, the relocation of the easement and the height
elevation. They explained to the Applicant that he was approaching 20% coverage so they need
to see on the plot plan what the proposed lot coverage would be. They also needed the approval
of the Town Engineer for the recharge system.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals voted
to continue the hearing to October 7, 2004 for the purpose of securing an updated plot plan
showing the footprint of the new proposed addition, the update to the gas easement, the area
taken by the footprint, and the percentage of the lot coverage.
The motion was approved by a vote of 3-0-0. (Miller, Redfern, Jarema)
Other Business: 40-70 West Street
John Jarema gave a report on the meeting that was held by the Town with Archstone-Reading.
He said there were pluses and minus regarding the request by Archstone to change the number of
affordable units from 51 at 80% of the median income to 41 units at 50% of the median income.
The Board thought it was a substantial modification. The attorneys representing Archstone as
well as Town Counsel Joan Langsam said the Board was within their rights to regard the change
as substantial.
The Board all concurred that the change was substantial and that they should meet again on
October 14, 2004 to give the public opportunity to speak on the proposed modification.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals voted
that the requested modification is a substantial change and the hearing should be opened up to
public discussion.
The vote was approved by a vote of 3-0-0. (Miller, Redfern, Jarema)
Other Business: 23 George Street
The Board noted that the Fire Chief was not opposed to the requested modification. The Board
felt able to move forward even though no one was at the meeting representing George Street.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals voted
that the proposed modification was insubstantial as per the clarification by the Fire Chief
referencing the plan dated August 3, 2004 with the handwritten markups.
The motion was approved by a vote of 3-0-0. (Miller, Redfern, Jarema)
Other Business: 77 Bancroft Avenue
The Applicants were asking for a modification of a Special Permit that was previously issued
(Case # 03-01). The framer recently told them there should be an overhang over the front steps
that they did not think to do. They said the Building Inspector told them this would be a minor
amendment.
John Jarema said until three weeks ago this was a minor amendment but now if a roof goes over
a landing it becomes part of the structure and must meet the setbacks as was the decision in Case
# 04-20. Therefore the Board should consider a Variance instead of a Special Permit. This
decision regarding overhangs was made three weeks ago after consultation with the Building
Inspector and his interpretation of the By-laws so this request is now a major modification. Even
if the overhang was an aluminum cover the Building Inspector said it would be part of the
structure.
The Board decided that they needed to have the Building Inspector present to discuss the case
because they needed clarification on what constitutes a structure. The case will be continued to
the meeting on October 21, 2004.
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).
Respectfully submitted,
Maureen M. Knight
Recording Secretary
t
3