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Home My WebLink About2003-07-17 Zoning Board of Appeals Minutesa/ Town of Reading ZONING BOARD OF APPEALS Minutes OF July 17, 2003 Members present: John Jarema Robert Redfern Susan Miller J, S S. Wb P 4.50 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 Glen Redmond, Commissioner of Buildings. Case #03-11 A Public Hearing on the petition of Karen Shaughnessy who seeks a Variance and/or Special Permit under Section(s) 5.1.2/6.3.11.1 of the Zoning By-Laws in order to construct a deck within the required setbacks on the property located at 30 Willow Street. Kevin Johnson, fiancee of Karen Shaughnessy, spoke on her behalf. The only part not meeting requirements is a tiny triangle area of the deck. The Board explained that if the Petitioner was requesting a Special Permit the only way she could expand in that non-conforming area was by building upward and not increasing the footprint. The flaws with 6.3.11.1 were explained and how in Condition Two the only way someone can expand is up and not out. The issue will be presented at the Town Meeting in November to get this changed but for now the Board's hands are tied. The Variance process is very difficult, must be unique, and the Petitioner must meet four criteria. The Petitioner was asked if there was some way she could build the deck without connecting that area to the back of the house. The Petitioner explained that it would cost another 4 or 5 thousand dollars so it was a cost factor as well as being unattractive. The Board said another option is withdrawal without prejudice of their application and then the Petitioner can come back later in November with an application if the amendment is made to the Zoning By-Laws at the Town Meeting. The Petitioner then requested that her application for a Variance/Special Permit be withdrawn without prejudice. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to accepted the Petitioner's request that her application be withdrawn without prejudice. The motion was approved by a vote of 3-0-0. Case # 03-12 A Public Hearing on the petition of David P. Johnson who seeks a Special Permit under Section(s) 6.3.17 of the Zoning By-Laws in order to demolish an existing dwelling and to construct a new single family dwelling on a non-conforming lot on the property located at 48 Whittier Road. The Petitioner said he wanted to demolish the present house which was built in 1941 and build a new colonial with 8 rooms and 2 %2 baths. The old house has a cinder block foundation and is in poor shape. He would abandon the old septic system and connect to the town sewer. The new house would meet all required setbacks. The height of the new house would be 30 %2'. The Petitioner will install an engineered infiltration system even though the site is not in the aquifer district because some of the neighbors had complained. The Town Engineer has already approved the infiltration system. The Board members were concerned that the new house would dwarf virtually everything in the neighborhood. The neighborhood is all vintage WW 11 capes and they wondered what the impact would be on the neighborhood. The proposal met all the setback requirements and some of the neighbors spoke in favor of the project. On a motion by Susan Miller, seconded by Robert Redfern, the Zoning Board of Appeals voted to grant the Petitioner a Special Permit under Section(s) 6.3.17 of the Zoning By-Laws to demolish the existing dwelling and to construct a new single-family dwelling as shown on the Certified Plot Plan dated June 16, 2003, prepared by D & A Survey Associates, Inc. of Medford, MA and the conceptual drawings dated March 12, 1996, prepared by William J. Gavin Associates of Lowell, MA. The Special Permit is conditioned upon the following: 1. A Plot Plan showing the proposed reconstruction is submitted to the Building Inspector prior to issuance of a building permit; and 2. As-built plans are submitted to the Building Inspector prior to issuance of an Occupancy Permit. The motion was approved by a vote of 3-0-0. Case #03-13 A Public Hearing on the petition of Steven J. Arena/Batten Brothers, Inc. who seek a Variance and/or Special Permit under Section(s) 6.9, Table 6.2.3, 6.3.17 of the Zoning By-Laws in order to remove an existing non-conforming sign and to install a new non-conforming sign on the property located at 17-19 High Street. 2 Joe Ricci spoke for the Petitioner and stated that the sign there now is not conforming. They want to take the sign down and replace it with the same square footage and it will be for the same business. The new sign would be three feet away from the sidewalk. The alternate sign still exceeded the permitted square feet. The Town Planner had told the Petitioner he should appear before the Zoning Board before he appears before the Design Review Board (C.P.D.C.). The Board had some concern about the sign overhanging onto the town sidewalk and the Petitioner said it would be three feet away from the sidewalk. The Board noted that due to changes in the By-Laws this sign would have to be removed in 2005. Essentially the Petitioner was asking for a removal of a restriction that speaks to a restriction of time and therefore is not appropriate for a variance. The petitioner requested that his application for a Special Permit/Variance for a non-conforming sign be withdrawn without prejudice. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to accept the Petitioner's request that his application be withdrawn without prejudice. The motion was approved by a vote of 3-0-0. Case #03-14 A Public Hearing on the petition of Gareth Kenston who seeks a Special Permit under Section(s) 6.3.17 of the Zoning By-Laws in order to demolish an existing single-family dwelling and to construct a new single-family dwelling on the property located at 61 Harrison Street. The Petitioner said that the dwelling, garage and carport will be demolished and the new dwelling will cover less area of the property. The present house has a 25' setback in the front but the new house will be 52.3' from the street and will meet all existing setbacks. The Board was concerned with the height of the house. The Petitioner said it will be 32' but he will be taking down part of the stone wall that is presently there. The Building Inspector thought it was going to be very close and said they need an elevation of the existing natural grade. It also appeared that the new house would be 2 %2 stories. Elaine Stone and David Cortez, homeowners in the neighborhood, spoke in favor of the proposed new house and said as long as it meets building requirements they were in favor. On a motion by Susan Miller, seconded by Robert Redfern, the Zoning Board of Appeals voted to grant the Petitioner a Special Permit under Section(s) 6.3.17 of the Zoning By-Laws to demolish the existing dwelling, carport and garage and construct a new single-family dwelling as shown on the Certified Plot Plan dated June 24, 2003, prepared by Ron Natoli, P.L.S. of Candia, New Hampshire and the conceptual architectural plans dated June 18, 2003, prepared by Robert Connel of Wilmington, MA. The Special Permit is conditioned upon the following: 3 l . A Plot Plan showing the proposed reconstruction is submitted to the Building Inspector prior to the issuance of an Building Permit; and 2. As-built plans are submitted to the Building Inspector prior to issuance of an Occupancy 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 adjourn the meeting. The motion was approved by a vote of 3-0-0. Respectfully Y Maureen M. Knight Recording Secretary 4