HomeMy WebLinkAbout2001-11-01 Zoning Board of Appeals MinutesTOWN OF READING
ZONING BOARD OF APPEALS
MINUTES OF NOVEMBER 1, 2001
MEMBERS PRESENT: MICHAEL LARKIN
JOHN JAREMA
EDMUND BALBONI
ROBERT REDFERN
DONNA BOGGS
SUSAN MILLER
RECEIVED
TOWN CLERK
READING. MASS.
1002 AUG - I P 4: 01
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 was also in attendance.
Case #98-21
Continuance of a Public Hearing in order to address the issues remanded to the Zoning
Board of appeals by the Massachusetts Land court in the case of Mark R. Calley, et al. v.
Christopher R. Vaccaro, et al, Massachusetts Land Court Misc. Case No. 252196,
affecting the premises located at Zero Condor Avenue, Reading, MA.
Atty. David McBride requested a continuance. Chairman Michael Larkin received a
letter, November, 1, 2001, from Atty. William Chapman, also requesting a continuance.
John Jarema requested Atty. McBride submit a short brief to the Board before their next
meeting.
On a motion by John Jarema, seconded by Edmund Balboni, the Zoning board of Appeals
voted to continue Case #98-21, Mark R. Calley, et al. v. Christopher R. Vaccaro, et al,
Massachusetts Land Court Misc. Case No. 252196, affecting the premises located at Zero
Condor Avenue, Reading, MA, until November 29, 2001.
The motion was approved by a vote of 3-0-0.
Case #01-22
Continuance of a Public Hearing on the petition of Charles and Deborah Capobianco who
seeks an appeal from the decision of the Building Inspector under Section 7.4 of the
Zoning By-laws in order to question the issuance of a building permit to construct/install
an 8' fence on the property located at 23 George Street, Reading, MA
Atty. Ciccatelli stated there are no regulations that prohibits a 6' or 8' fence. The state
regulation requires a permit, which was issued. Glen Redmond stated there are no town
regulations. He had to follow the state regulations. He did not believe this was a "spite
fence".
Atty. Lamond stated there is no reason why the fence needed to be 8', instead of 6'z other
than maliciousness-
Zoning Board of Appeals Minutes of 11/1/01
page 2
On a motion by John Jarema, seconded by Susan Miller, the Zoning board of Appeals,
voted to uphold the Building Inspector's decision to issue the permit for an 8' fence for
the property located 23 George Street, Reading, MA.
The motion was approved by a vote of 3-0-0.
Case #01-20
Continuance of a Public Hearing on the petition of David Barrett and Kevin Cunniff who
seeks a variance/special permit under Section 4.0/6.3/5.1.2 of the Zoning By-laws in
order to demolish an existing structure and construct a new four family structure on the
property located at 73 - 75 Woburn Street, Reading, MA
David Barrett stated he has updated the site plans and added the rear elevations. The roof
bump-up has been eliminated, reducing the height of the building. The third floor and
dormer have also been eliminated. There are three two-bedroom units. They have five
parking spaces. The lot coverage is 24.8%.
Building Inspector Glen Redmond stated the stairs, stoop and chimney have to be
included in the lot coverage. The Zoning Board disagreed with this interpretation.
Kathleen Vaccaro, 57 Woburn Street, Reading, MA, submitted a letter requesting the
petitioner reduce the building to two units.
Christopher Vaccaro, 57 Woburn Street, Reading, MA, supports the petitioner. He
believes this is a positive change to the neighborhood.
David. Barrett stated Hayes Engineering performed an instrument survey to determine the
lot line. He submitted a site plan dated October 29, 2001, and a set of renderings dated
November 1, 2001.
On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of
Appeals voted to grant a Special Permit, under Section 6.3.10.3 of the Zoning By-laws, to
David Barrett and Kevin Cunniff for the property located at 73-75 Woburn Street,
Reading, MA, to demolish the existing structure and reconstruct a three unit townhouse
condominium style building, as shown on the site plan by Hayes Engineering, dated
October 29, 2001 and the architectural drawings by Courtney Miller Architects,
Arlington, MA, dated November 1, 2001. The final plans and curb cuts are to be
approved by the Building Inspector. The roof lines of the structure must be consistent
with the roof lines to the left and right of the structure.
The motion was approved by a vote of 3-0-0.
Zoning Board of Appeals Minutes of 11/1/01
page 3
Case #01-08
Continuance of a Public Hearing on the petition of Kevin Fulgoni, Trustee of Dennis
Magnus who seeks a variance under section 5.1.2 of the Zoning By-laws in order to
construct a single family dwelling on the property located at Willow street, Lot 19,
Reading, MA.
The petitioner is seeking a variance for zero frontage. The lot size is sufficient. The
Conservation Commission requested the petitioner not access this property over
wetlands.
Glen Redmond stated the petitioner needs a certified plot plan showing where the
easement would be located.
Edmund Balboni stated the lot size and the Willow Street access is sufficient. The
petitioner does not need a variance.
John Jarema stated he does not believe they qualify for a zero frontage variance. He
requested a written ruling from the Conservation Commission.
Atty. Favalavo requested to withdraw the petition for a variance.
On a motion by Edmund Balboni, seconded by John Jarema, the Zoning board of Appeals
voted to accept Kevin Fulgoni's request to withdraw their petition for a variance under
Section 5.1.2 of the Zoning By-laws, without prejudice, on the property located at
Willow Street, Lot 19, Reading, MA.
The motion was approved by a vote of 3-0-0.
Case #01-23
Continuance of a Public Hearing on the petition of Robert Biggio who seeks a
variance/special permit under Section 5.0/5.1.2/5.2.3.5/5.2.3.6/5.2.7.1 of the Zoning By-
laws in order to convert the property to all apartments on the property located at 743
Main Street, Reading, MA
Atty. Lamond stated he has a meeting with CPDC on Monday, November 5, 2001. CPDC
has requested 5 items:
1. New vertical granite curbing.
2. Motion activated lighting, not shining on the neighbors.
3. Trim all landscaping.
4. All front signs removed.
5. The dumpster fenced to the Town Planner's approval.
Michael Larkin stated there is additional zoning relief needed that has not been requested.
The petition will need to be advertised with the additional zoning sections
6,1.1.1/6.1.1.2/6.3.11.2/6.3 6,1.1.3/6.1.1.
Zoning Board of Appeals Minutes of 11/1/01
949e 4
On a motion by Edmund Balboni, seconded by John Jarema, the Zoning board of Appeals
voted to continue the public hearing on Case#01-23, on the petition of Robert Biggio, for
the property located at 743 Main street, Reading, MA, until November 29, 2001.
The motion was approved by a vote of 3-0-0.
New/Old Business
On a motion by Edmund Balboni, seconded by John Jarema, the Zoning Board of
Appeals voted to approve the minutes of their October 18, 2001 meeting, as amended.
The motion was approved by a vote of 3-0-0.
On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of
Appeals voted to adjourn at 10:15 p.m.
The motion was approved by a vote of 3-0-0.
Respectfully submitted,
Joy Mohr
Recording Secretary