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HomeMy WebLinkAbout2003-06-19 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of June 19, 2003 Members Present: John Jarema Edmund Balboni Robert Redfern Susan Miller Paul Dustin n a n ~ E A S. P 4: 150 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 Chris Reilly, Town Planner and Fran Fink, Conservation Administrator. Case # 02-31 Continuance of a Public Hearing on the petition of Massapoag Real Estate who seeks a Comprehensive Permit under MGL Chapter 40B to construct four units on approximately 2 acres of land off Sanborn Lane. The Board discussed how there were two major issues from the last hearing: a DRT meeting attended by the town departments to review the plans and a further review by the Fire Department. The revised plans had been received by the Board as well as letters from the Fire Chief, the Conservation Commission, and the Town Planner. The Board asked the Petitioner if they were planning on putting in a 8" water main for the fire hydrant and if the bridge would be able to hold a 50,000 pound vehicle and he replied in the affirmative to both. It was mentioned that when the Petitioner solved one problem he often created two more. The letters from the Conservation Commission and the Town Planner were read and it was mentioned that since the beginning of the proposal there have been concerns about both issues of safety and conservation. The Board felt there was limited potential for a project of this size for the property due to the many safety and conservation issues. The Petitioner disagreed with many of the Conservation Commission's findings. It was again mentioned that the Petitioner would be filing a notice of intent for a single family dwelling on this site but the Petitioner felt it was inappropriate to discuss this action. After hearing lengthy comments from some of the abutters, the Board had a discussion about closing the public hearing. On a motion by Susan Miller, seconded by Robert Redfern, the Zoning Board of Appeals voted to close the public hearing. The motion was denied by a vote of 3-0-0. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to approve the project as currently proposed on the recent plan showing four units of housing with the driveway now being located on the westerly side of the project as shown on the plan dated March 12, 2002 up to and including the revision dated June 13, 2003. The motion was not approved by a vote of 3-0-0. Case #03-10 A Public Hearing on a petition by Michael & Virginia Bramante who seek a Variance and/or Special Permit under Section(s) 5.0 & 6.3.11.1 of the Zoning By-Laws in order to remove an existing 5x5 roof and to construct that 5x5 portion and to add an additional 5x17 roof structure on the property located at 45 Auburn Street. The Petitioner said they want to have the overhang consistent with the porch. The Board explained how 6.3.11.1 was not a vehicle to do what they want in this particular case. The one condition that must be met is that the site coverage is not increased and that is the portion of 6.3.11.1 that the Board has been struggling with. The Petitioner said the size of the deck will stay the same and the roof will just protect the deck. The foundation is not being changed at all. They are adding an addition of a 5x17 roof over an existing porch. The Board discussed how they are not going out but up and if there is no increase in the footprint they can grant a Special Permit for the work. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to grant the Petitioners a Special Permit under Section 6.3.11.1 of the Zoning By-Laws for the proposed roof extension over the existing front porch of the dwelling located at 45 Auburn Street as shown on the submitted Certified Plot Plan with the following two conditions: 1. The Petitioner's final construction plans (including Certified Plot Plan) shall be submitted to the Building Inspector prior to his issuance of a building permit for the proposed porch roof; and 2. A final As-built plan showing the final constructed porch roof shall be submitted to the Building Inspector immediately after the work is completed. The motion was approved by a vote of 3-0-0. Case # 03-09 Continuance of a Public Hearing on a petition by Ken Shaknites/Charis Remodeling Plus LLC who seek a Variance and a Special permit under Section(s) 5.1.2/6.3.17 of the Zoning By-Laws in order to allow a portion of the existing dwelling constructed without building permits to remain on the property. This portion of the dwelling was constructed without permits and does not comply with the zoning setbacks for the Town of Reading. Attorney Josh Latham spoke for the Petitioners. He stated they submitted a third Certified Plot Plan as requested and that the surveyor met with the Town Engineer at the location. The surveyor explained how he did this survey by comparing the three highway bounds and two sets of agreeing bounds. Because of this he was able to do an as-built with what is currently on the property. The Board discussed how they have been careful about Certified Plot Plans, especially if it may have an impact on zoning and that maybe they should be more strict in requiring instrument plot plans even though they are more expensive for the homeowner. This most recent Certified Plot Plan said the building complied with the zoning regulations and the other two said it did not but there is a disclaimer that said this plot plan is not acceptable for the Registry of Deeds. It was suggested that the homeowners amend and file the plot plan at some time in the future so that the record would show that the property is now conforming. The Building Inspector said he needed dimensions of the dwelling and the garage on the Certified Plot Plan. They are building a dormer across the entire rear of the building and 7.8 feet are along the side rear yard zoning. The dormer does not overhang so the Petitioner can do that by right because now it complies with the setback on the new survey. On a motion by Edmund Balboni, seconded by Robert Redfern, a Finding was made that the Certified Plot Plan by Peter J. Kane of Kane Land Surveyors, South Hamilton, Massachusetts, dated June 9, 2003 entitled Plot Plan 340 Lowell Street, Reading, Massachusetts, accurately shows that the addition under construction is 15.3 feet (northerly) and 16.0 feet (southerly) respectively from the most westerly sideline of the property. As a result the set back of the addition under construction is in conformity with current zoning requirements and a Special Permit or Zoning Variance as requested is not required. This finding is subject to the submission of the revised plan being drawn and prepared by Peter J. Kane, PLS. The motion was approved by a vote of 3-0-0. On a motion by Susan Miller, seconded by Robert Redfern, the Zoning Board of Appeals voted to adjourn the meeting. The motion was approved by a vote of 3-0-0.