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HomeMy WebLinkAbout2002-10-03 Zoning Board of Appeals Minutesf/ TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF OCTOBER 3, 2002 MEMBERS PRESENT: JOHN JAREMA EDMUND BALBONI DONNA BOGGS SUSAN MILLER ROBERT REDFERN LIVED K` sy CLERK PASS. 1003 JAN _ b P 4= E 3 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 PM. Building Inspector Glen Redmond, Town Planner Chris Reilly, and Town Counsel Joan Langsam were also in attendance. Case #02-22 A Public Hearing on the petition of Joseph Calareso/Harrow Real Estate Trust who seek a variance and a finding under Section 4.3.2.9/2.2.24 of the Zoning By-Laws in order to permit the outside display storage and sale of plants and other goods when there is no structure for such on the property located at 124 - 126 Main Street, Reading, MA. The Zoning Board of Appeals received a letter for Atty. Brad Latham requesting a continuance until December 2002. The petitioner has obtained a variance from the state plumbing board, which addresses one of the building inspector's objections. Mr. Calareso will request a building permit from the Building Inspector. Glen Redmond stated he has other concerns with the building, but their architect was out of Town. They have relief from the major concern and are closer to receiving the building permit. Edmund Balboni suggested a continuance for one month only. John Jarema requested a final set of approved plans within two weeks. He is also concerned with the safety issues during construction and would like these issues addressed. On a motion by Edmund Balboni, seconded by Robert Redfern, the Zoning Board of Appeals voted to continue the hearing on the petition of Joseph Calareso/Harrow Real Estate Trust for the property located at 126 Main Street, Reading, MA, until October 24, 2002. The motion was approved by a vote of 3-0-0. Case #02-26 A Public Hearing on the petition of Kevin Fulgoni who seeks an appeal from a decision of the Building Inspector under Section 2.2.13/5.1 of the Zoning by-laws in order to allow proposed dwelling to be built on the property located at 28 Summer Avenue, Reading, MA. Zoning Board of Appeals Minutes of 10/3/02 page 2 Chairman John Jarema swore in the petitioners. Atty. Christopher Vaccaro represented the petitioners. Atty. Vaccaro stated the petitioner is seeking relief for an unapproved lot. The lot area is 3.9 acres with 156' of frontage on Willow Street. The lot has been separately owned since 1970. An amendment to the Town Zoning Ordinance in March 1978 changed the definition of frontage, to require access to a lot across that portion of the lot deemed to have frontage. The headwaters of the Aberjona River, which is a wetland, is between the frontage on Willow Street and the upland portion of the lot. The petitioner does have a deeded access easement to the lot over an abutting lot which has frontage on Summer Avenue. The petitioner received a foundation only permit in 1995. The abutters appealed the granting of this permit. Atty. Vaccaro stated the property is grandfathered to before the change in the definition of "frontage" in the Zoning Ordinance. He also stated, if the Zoning Board of Appeals decides a Variance is necessary, the petitioner meets the variance requirements with the lot's unique shape and wetlands. Will Finch, Conservation Commission, requested the plan be posted. John Jarema stated a portion of the foundation is in the no build area of the rivers act. Bud Olsoro, 20 Summer Ave, submitted a letter of his objections. Edmund Balboni stated this is a buildable lot. He doesn't think the definition of frontage is legal and believes not granting a permit is the same as taking this property by eminent domain. Donna Boggs stated she disagrees with the argument of the taking of eminent domain. She believes the petitioner could gain access in other ways. She would like to review this case further. Town Counsel Joan Langsam stated there was a decision issued on August 1, 2001 that disagrees with the grandfather issue. She would like to review the variance argument. John Jarema disagrees with the argument of the grandfathering and that this is a taking of the petitioner's property. The easement reduces the lot at 26 Summer Street, which is already non-conforming according to the 5-15 zoning. He stated safety is also an issue with two driveways on one property. Atty. Vaccaro stated granting an access easement does not create a non-conformity. On a motion by Edmund Balboni, seconded by Susan Miller, the Zoning Board of Appeals voted to continue the public hearing on the petition of Kevin Fulgoni, for the property located at 28 Summer Avenue, until November 7, 2002. The motion was approved by a vote of 3-0-0. Zoning Board of Appeals Minutes of 10/3/02 page 3 Case #02-29 A public Hearing on the petition of William & Barbara Cooper who seeks a special permit under section 6.3.17 of the Zoning By-laws in order to remove and reconstruct an existing non-conforming garage and convert it to living space on the property located at 228 West Street, Reading, MA. Chairman John Jarema swore in the applicants. William Cooper stated he owns a single family house with a cement block foundation and a one car garage. He would like to convert the garage to additional living space. The garage is presently 10'3" from the neighbors property line. He will raise the roof two feet to match the existing house. The footprint of the house will stay the same. The existing foundation cannot be used because it is cracked. He is seeking permission to demolish the existing garage and reconstruct it. Edmund Balboni stated this is similar to several other cases we have had this year. On a motion by Susan Miller, seconded by Robert Redfern, the Zoning board of Appeals voted to grant William and Barbara Cooper, for their property located at 228 West Street, Reading, MA, a Special Permit under Section 6.3.17 of the Zoning By-laws, to remove and reconstruct an existing non-conforming structure, not to extend any further on the set backs, as shown on the plans drawn by Robert W. Smith, PLS, dated March 25, 2002, with the following conditions: 1. A plot plan is submitted to the Building Inspector prior to the issue of a building permit. 2. An as built plan is submitted to the Building Inspector prior to occupancy. The motion was approved by a vote of 3-0-0. Case #02-05 Continuance of a Public Hearing on a request for a Comprehensive Permit to construct 288 condominiums called Johnson Woods on the property located at 468 West Street, Reading, MA William Bergeron stated they have discussed some of the issues with the Conservation Commission. The Conservation Commission has determined the wetland resource area. The petitioner is trying to avoid the impact on the wetlands. The buildings are located 100' outside the bordering vegetation line, 200' from the river front buffer zone and 100' from the Woburn vernal pool. The Conservation Commission requested an additional 10' buffer area without any building. They could grade the land only. Mr. Bergeron referred to the August 15, 2002 plan that was generated after the Conservation Commission input. The roof run off will recharge the ground water. The petitioner will file a Notice of Intent and will satisfy the order of conditions from the Conservation Commission. Zoning Board of Appeals Minutes of 10/3/02 page 4 Edmund Balboni stated there is every intention of complying with the Conservation Commission what if there are issues that are not agreed upon? Town Counsel Joan Langsam stated the conditions can be added to the decision. Atty. Brad Latham submitted a draft of conditions the petitioner would agree to: 1. Zone of Natural Vegetation no build zone. 2. 10' strip that they can not build on. 3. Stormwater policy, take areas that are out of the DEP storm water standards. Virginia Adams, from the Historical Commission, asked if there are any stone walls near the perimeter of the property? She hopes the heritage of the community will be tied into the construction. William Bergeron stated he will get more information on where the stone walls are located. On a motion by Edmund Balboni, seconded by Susan Miller, the Zoning Board of Appeals voted to continue the public hearing on the Comprehensive Permit on Johnson Woods, located at 468 West Street, Reading, MA, until October 24, 2002. The motion was approved by a vote of 3-0-0. Old/New Business Edmund Balboni stated he is concerned with the density on the 40B projects. An average residential density in Town is one to ten units per acre. He thinks this is a good guideline. The area around Longwood Poultry Farm is 1.8 units per acre. Joan Langsam stated most approved projects are around 10 -15 units per acre. The Zoning Board of Appeals must consider the zoning laws not the density. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to adjourn at 10:35 p.m. The motion was approved by a vote of 3-0-0. Respectfully submitted, O ecoYing e cretary