HomeMy WebLinkAbout2004-01-22 Zoning Board of Appeals MinutesTown of Reading
ZONING BOARD OF APPEALS
Minutes of January 22, 2004
Members present:
John Jarema
Robert Redfern
Susan Miller
Paul Dustin
Mark Gillis
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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 present was John
Gannon, Town Counsel, and Chris Reilly, Town Planner.
Case # 03-24
A Public Hearing on the petition of Greater Boston YMCA who seeks a Special Permit
Amendment under Section 4.2.2 of the Zoning By-Laws in order to add additional area to square
off the rear corner of the structure on the property located at 36 Arthur B. Lord Drive.
The Petitioner wanted to amend an existing Special Permit so that they might add an addition to
square off the rear corner of the existing structure. It would be a two-story addition with a 2,280
square foot footprint to the rear of the existing building which would square off the rear of the
building and allow the Petitioner to relocate its executive offices and allow for more efficient use
of the space by enlarging the fitness space, relocating the daycare and babysitting area, and
providing storage space. On December 22, 2003 the Community Planning and Development
Commission granted site approval for the project.
The Board concluded that the addition would not be detrimental to the neighborhood and the
addition would be a considerable distance from any residence. Squaring off the existing structure
will make it more symmetrical. There is ample parking at the site and evidence was presented
that the traffic impact will not be material.
On a motion by Susan Miller, seconded by Robert Redfern, the Zoning Board of Appeals voted
to grant the Petitioner an Amendment to Special Permit, issued on July 16, 1998 in Case #98-10,
to construct a two story 2,280 square foot addition to the rear of the existing structure as shown
on plans entitled "Site Plan - YMCA Birch Meadow Drive" dated November 24, 2003, prepared
and stamped by Cuoco and Cormier, Inc. subject to the following conditions:
1. A Plot Plan showing the poured foundation is submitted to the Building Inspector prior to
issuance of a Building Permit;
2. A Plot Plan showing the proposed construction us submitted to the Building Inspector prior
to the issuance of a Building Permit; and
3. An as-built Plot Plan is submitted to the Building Inspector prior to the issuance of an
Occupancy Permit.
The motion was approved by a vote of 3-0-0.
Case # 03-25
A Public Hearing on the petition of Steven Mirabella who seeks a Special PermitNariance under
Sections 6.3.17 & 50 (set back) of the Zoning By-Laws in order to tear down the existing non-
conforming dwelling and to construct a new dwelling in the same footprint with additional area
that will conform to the current setbacks on the property located at 148 Howard Street.
The Petitioner said the submitted Plot Plan showed the existing dwelling, the proposed dwelling
and the proposed rear addition. The proposed dwelling maintains the same non-conforming
setbacks as the existing dwelling. These setbacks are shown on the Certified Plot Plan with
setback dimensions as front 19.6 feet and 19.9 feet; westerly side yard 6.8 feet and 5.0 feet;
easterly side yard 10.8 feet and 11.2 feet; and the proposed rear yard setback to the new addition
as 65.1 feet and 65.2 feet.
All public comments supported the Petitioner's application for proposed reconstruction of the
dwelling on the same footprint as the existing dwelling. The Building Inspector calculated that
the site coverage of the proposed construction will be closer to 20% than the 17% noted on the
submitted Plot Plan but substantially less than the 25% maximum coverage allowed.
The Board concluded that the proposed dwelling constructed on the footprint of the "to be
demolished" existing dwelling and the new rear addition, as shown on the submitted Plot Plan,
conformed to the Zoning By-laws to the "maximum extent practicable" and in this instance, met
with the standards for reconstruction after voluntary destruction.
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 to demolish
the existing dwelling, construct a new dwelling on the same footprint as the "to be demolished"
dwelling and construct a new addition, meeting all setback requirements, attached to the rear of
the proposed dwelling with the following conditions:
1. The Petitioner shall submit to the Building Inspector a Certified Plot Plan of the proposed
construction and proposed foundation plans prior to the Building Inspector's issuance of a
foundation permit for the work.
2. The Petitioner's final construction plans for the new dwelling and addition (including
Certified Plot Plan) shall be submitted to the Building Inspector prior to the Building
Inspector's issuance of a Building Permit.
3. As-built plans showing the construction shall be submitted to the Building Inspector
immediately after the work is completed and prior to the issuance of an Occupancy Permit.
The motion was approved by a vote of 3-0-0.
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Case #00-10
Continuance of a Public Hearing on the petition of James T. Lynch, Trustee of L.A.B. Realty
Trust who seeks a Comprehensive Permit under MGL Chapter 40B of the Zoning By-Laws in
order to construct 10 townhouse units on the property located at 23 George Street.
Attorney Cicatelli was expecting the draft decision to have been circulated and the Board
members to have already seen and reviewed it. The Applicant has proposed an easement on a
revised plan to address DRT comments and parking restrictions and traffic calming measures are
also indicated.
The Board explained that they wanted direction from the Board of Selectmen as Road
Commissioners regarding the Curtis Street access and if they had any comments; they requested
that the Town Planner formally solicit input from the Road Commissioners to the Zoning Board
of Appeals.
The Chairman reviewed the petition submitted by abutters on Curtis Street. The Hamilton of
106 Curtis Street circulated the petition that requests one way access into Curtis Street and
exiting George Street to address their concerns about traffic safety on Curtis Street.
Town Planner Chris Reilly will have Town Counsel submit his comments that will be posted on
the town website and distributed to town staff for comments.
Attorney Cicatelli once again stated that he does not accept that this is an application for
substantial modification.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to continue the case to February 19, 2004.
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 adjourn the meeting.
The motion was approved by a vote of 3-0-0.
Respectfully submitte ,
Maureen M. Knight
`i Recording Secretar
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