HomeMy WebLinkAbout2004-07-15 Zoning Board of Appeals MinutesTown of Reading
ZONING BOARD OF APPEALS
Minutes of July 15, 2004
Members Present: John Jarema
Susan Miller
Robert Redfern
Mark Gillis
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FOW CLERK
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2604 UC'1 2b P 1. 40
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 # 04-17
Continuance of a Public Hearing on the petition of John & Karen Janowski who seek a
Variance/Special Permit/Appeal under Sections 5.1.2/5.2.8/6.3.11.2 of the Zoning By-Laws in
order to add a 3rd dwelling unit on a non-conforming lot within the required setbacks on the
property located at 38 Salem Street.
The Chairman explained that the case was continued to allow the Petitioners to explore other
ideas and options.
Karen Janowski said they were withdrawing all requests except for the deck on the easterly side
of the property. She said they want to make the condos as desirable as possible for resale. They
cannot afford to take a financial loss and a deck on that side will make the project more desirable
to potential buyers. If the deck is too narrow it would not be suitable and they need to make the
project as financially profitable as possible.
The Chairman outlined what the Applicants were asking: to withdraw the request on the
proposed 2-story frame addition and limiting the request for a Variance on the 8' x 18' wood
deck on the easterly side.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to accept the request for the withdrawal of the proposed 2-story addition that included 3 garages.
The motion was approved by a vote of 3-0-0.
The Chairman read a letter submitted by John Faye who said he had no objection to the deck
being considered although he had concerns about the other aspects of the project.
The Board members discussed the idea that if the deck was kept to the same sideyard setbacks
equal to what it is today the Board could grant a special permit but if the applicants persist in
asking for an 8' x 18' deck that would require a variance. They would then need to present the
criteria for a variance. The Board discussed how this lot is unique relative to the other lots in the
neighborhood.
They said because it is a historical house in an area where there are other historical homes then
perhaps at one time there was more land and the lot has been downsized and reduced over time.
The driveway has been there since the late 1980's but then it was only a dirt road and not paved.
When the fire station was put in it was paved. If the Applicants were going back in a straight line
they would be asking for a Special Permit instead of a Variance.
Karen Janowski said a 7' x 18' deck would not be sufficient, it would not allow enough
movement on the deck so they need it to be 8.'
The Building Inspector stated he would rather see an 8' foot deck instead of what had been
previously proposed.
The Board discussed how in another case not long ago they determined that a deck had to be in a
particular spot because the house had been placed oddly on the lot because of an old drainage
ditch. This case would be similar because of the old right of way.
On a motion by Susan Miller, seconded by Robert Redfern, the Zoning Board of Appeals voted
to grant the Petitioner's request for a Variance under Section 5.1.2 of the Zoning By-Laws to
construct a deck as shown on the Plan of Land prepared by Benchmark Survey of Stoneham,
MA, dated May 12, 2004, indicating a side setback on the easterly side of no less than 77' with
the usual two standard conditions.
The motion was approved by a vote of 3-0-0.
Case # 04-18
A Public Hearing on the petition of Mary Ellen Costello who seeks a Variance/ Special
Permit/Appeal of the Building Inspector under Sections 4.8/4.8.6.1.10/6.3/7.4 of the Zoning By-
Laws in order to remove a portion of an existing dwelling and to construct a new 36 x 22
addition on the property located at 3 Fielding Road. This property is in the Aquifer Protection
District.
The Applicant said her mother was not well and would soon need one-level living. She
purchased the home from her mother in 2002. There is a small kitchen and the laundry is in the
cellar. She would like to remove the existing breezeway and garage and expand the kitchen, add
a mud room, utility room and a one-car garage. She said she was surprised about the Aquifer
Protection Zone requirements and currently has 30.8% coverage. She plans to reduce the
coverage to 23.2% by reducing the driveway, removing a brick patio and putting in a ground
water discharge system.
The Building Inspector said the proposal is a good one, the lot will be reduced in non-conformity
and it will also meet the rear setbacks. It appears to conform to the maximum amount practicable
- f and with the proposal they are moving toward greater conformity.
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On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to grant the Petitioner a Special Permit under Section 6.3.17 of the Zoning By-Laws for partial
removal of the existing dwelling and to construct a new addition to the single family dwelling as
shown on the submitted Plot Plan.
The motion was approved by a vote of 3-0-0.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to accept the Petitioner's request to withdraw her application for a variance.
The motion was approved by a vote of 3-0-0.
Case # 04-19
A Public Hearing on the petition of Thomas & Elizabeth Richissin who seek a Variance/ Special
Permit/Appeal of the Building Inspector under Sections 4.8/6.3/7.4 of the Zoning By-Laws in
order to alter and to construct an addition on a non-conforming (lot coverage) dwelling on the
property located at 17 Deborah Drive. This property is in the Aquifer Protection District
ZBA member Mark Gillis stepped down from the case because he knew the Petitioners.
ZBA member Robert Redfern made mention of the fact that he had previously employed the
contractor involved in this case but did not see a conflict of interest.
Thomas Richissin said the impervious coverage was presently 24%. They need additional space
because they have a special needs child that cannot walk and the project would increase the street
area access for her. They want to add a 19' x 24' two story addition to the front of the house over
a portion of the existing driveway and to alter the entrance by bringing it forward to be more
architecturally in synch with the addition. This would increase the total impervious ground cover
to 26.6%.
The Building Inspector voiced concern over the increase in the impervious cover without any
attempt to mitigate the increase nor a certified plot plan that was specific and clear on the total
increase in the coverage for the proposed changes and the accompanying calculations.
The Board made a finding that if the Applicant could produce a plan for groundwater recharge
that would guarantee a percentage less than the now existing 24% impervious cover, and that the
plan would be acceptable to the Town Engineer, then the Applicant would be moving towards a
greater degree of conformity. Because the home was built prior to the Aquifer By-Law it is
unrealistic to remove any part of the dwelling.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to instruct the Building Inspector to issue a building permit for the proposed changes and
additions to the house with the condition that a groundwater recharge system for the disposal of
storm water runoff be designed by a Massachusetts registered Engineer to insure that the total
impervious cover of the proposed alterations and addition be less than the now existing 24% and
that the system be reviewed and approved by the Town Engineer.
The motion was approved by a vote of 3-0-0.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to accept the Applicant's request to withdraw the request for a variance.
The motion was approved by a vote of 3-0-0.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to accept the Applicant's request to withdraw the request for a special permit.
The motion was approved by a vote of 3-0-0.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to accept the Applicant's request to withdraw the request for an appeal of the decision of the
Building Inspector.
The motion was approved by a vote of 3-0-0.
Reorganization of the Zoning Board of Appeals:
The members of the Zoning Board of Appeals voted to appoint Susan Miller the Chairman for
the 2004 - 2005 season.
The vote was 3-0-1.
The members of the Zoning Board of Appeals voted to appoint Robert Redfern the Vice-
Chairman for the 2004 - 2005 season.
The vote was 3-0-1.
The members of the Board congratulated John Jarema for doing a commendable job as Chairman
for the last two years.
On a motion by John Jarema, seconded by Mark Gillis, the Zoning Board of Appeals voted to
adjourn.
The motion was approved by a vote of 4-0-0.
Respectful]
Maureen N
Recording
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