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HomeMy WebLinkAbout2003-05-22 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of May 22, 2003 Members Present: John Jarema Edmund Balboni Robert Redfern Paul Dustin Susan Miller 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; Fran Fink, Conservation Administrator; and Greg Burns, Fire Chief. Case # 03-07 A Public Hearing on a petition by Wayne Webster who seeks a Special Permit under Section(s) 6.3.17 of the Zoning By-Laws in order to remove in part a portion of an existing non-conforming structure and to construct a new structure on the property located at 21 Line Road. The Chairman read a letter from the Building Inspector wherein he stated that the newly constructed structure on the property does not match the dimensions indicated on the Plot Plan dated November 10, 2001. The structure is smaller than indicated on the plan and apparently an error had been made. The assessor's card indicates the structure is 14 x 16, the Plot Plan shows it as 16 x 20, and the Building Inspector measured it as 16'3' x 16.' It was agreed that the Board did not have a Certified Plot Plan at this point that showed the actual size of the structure. The recent construction has changed whatever was there and the Applicant was told to contact the surveyor who did the Plot Plan or another surveyor and measure what is on the lot right now. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to continue the hearing to June 19, 2003. The motion was approved by a vote of 3-0-0. 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 two acres of lands off Sanborn Lane. The Fire Chief said he and Lt. Jackson had met with the developers. Their original concern was the width of the fire lane but that had been changed on the plans. Their present concern was that a piece of fire equipment would be unable to turn around. The ladder truck is 44,000 pounds so it also would need a bridge that can take 25 tons. There was also concern that the driveway was curvy and difficult to travel on in the dark. The Fire Chief stated they could not service the development safely and that the site does not meet their requirements for access. If there was an open call there would also be police and emergency vehicles and they would all be blocked in which is why a turnaround is necessary. He also stated the new engines are getting bigger and require more space to maneuver. The Applicant stated that they were going to put in fire hydrants and sprinklers but the Fire Chief said sprinklers do not completely put the fire out and they need to be able to respond as quickly as possible. The Fire Chief said he would have to feel comfortable before signing off. The Board also discussed that the parking area is halfway in the turnaround area and it would be impossible to completely prevent people from blocking the turnaround. The main thing is to protect the people who would be living in these units in the future. The Board is trying to balance the effect on the environment, the town and the safety of the occupants. It becomes an issue as to whether this a viable development. The Conservation Commissioner noted that the bottom line appeared to be that this piece of land is just not big enough to hold four units of housing and ensure the safety of the occupants and that of the environment. A single family house on the property was discussed in a preliminary way with the Conservation Commission but no public hearings have been held. A very large house had been proposed in the past but was not approved. If the Applicant submitted a new plan to the Conservation Commission it would be looked at. The Fire Chief also said it would depend on what was submitted. A discussion was held regarding the Town conservation regulations and the state regulations. The biggest problem from the conservation view is the proposed bridge that it will have an impact on the vegetation below. If utility lines run under the bridge they will require maintenance and going under the bridge will cause more impact on the vegetation. This site is a known habitat for species of special concern: the blue spotted salamander and the spotted turtle. They alternate in this habitat and must be able to go from the wetlands to the uplands and the bridge could prevent this. American Heritage strongly urged that these animals be protected. The Applicant stated that American Heritage has no right to stop this project and it would be approved on an appeal before the DEP. The Applicant requested a continuance to make the changes for the Fire Department and they will file a Notice of Intent with the Conservation Commission by next week. The Applicant stated they will meet all the requirements of the State Wetlands Protection Act. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to continue the hearing on the petition of Massapoag Real Estate Development Corporation for the property located off Sanborn Lane to June 5, 2003. 2 The motion was approved by a vote of 3-0-0. Minutes On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to approve the Minutes of March 20, 2003 with changes. The motion was approved by a vote of 3-0-0. On a motion by Edmund Balboni, 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 submitted, 74 4 Maureen N Recording