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HomeMy WebLinkAbout2001-09-20 Zoning Board of Appeals MinutesTOWN OF READING uR K MA. ZONING BOARD OF APPEALS 4 S MINUTES OF SEPTEMBER 20, 2001 200I Ui _ c P 4: 33 MEMBERS PRESENT: MICHAEL LARKIN JOHN JAREMA SUSAN MILLER DONNA BOGGS ROBERT REDFERN 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 7:07 PM. Case #01-11 Continuance of a Public Hearing on the petition of Dorothy M. Jones, et al who seeks a variance/special permit under Section 5.1.2/6.3.1.2/6.3.1.3 of the Zoning By-laws in order to construct a single family dwelling on the property located at Harvest Road, Lot 198 in Reading, MA. Chairman Michael Larkin received a letter from Atty. Scott J. Consaul, dated September 20, 2001, stating the Conservation Commission denied the Order of Conditions at the September 12, 2001 hearing. The petitioner requested a withdrawal, without prejudice, of their petition. On a motion by John Jarema, seconded by Susan Miller, the Zoning board of Appeals voted to accept the withdrawal, without prejudice, of the petition of Dorothy M. Jones, et al, for the property located at Harvest Road, Lot 198 in Reading, MA. The motion was approved by a vote of 3-0-0. Case #00-36 Continuance of a Public Hearing on the petition of Walter & Daniel Arsenault who seeks a variance/special permit/appeal from the decision of the Building Inspector under Section 4.2.2/6.1.1.2 of the Zoning By-laws in order to display goods as open storage and to allow parking serving a neighboring property located at 126 Main Street, Reading, MA. Chairman Michael Larkin received a letter from Atty. O. Bradley Latham, dated September 20, 2001, requesting a 30 day continuance. On a motion by John Jarema, seconded by Susan Miller, the Zoning board of Appeals voted to continue Case #00-36, on the petition of Walter & Daniel Arsenault for the property located at 126 Main Street, Reading, MA, until October 18, 2001. The motion was approved by a vote of 3-0-0. Zoning Board of Appeals Minutes of 9/20/01 page 2 Case #01-22 A Public Hearing on the petition of Charles & 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. Chairman Michael Larkin swore in the petitioners. Atty. John Lamond, Latham, Latham, & Lamond, P.C., represented the petitioners. Atty. Lamond stated the State building code grandfathers a 5' fence, but not an 8' fence. The 8' fence requires a permit from the Building Inspector. The petitioner requests the Zoning Board of Appeals overturn the Building Inspector's decision to permit this fence. They believe this is a "spite fence", due to the height and location of the fence. Atty. Lamond stated the fence is only on the Capobianco's boundary, encroaches on light and air, and contains dangerous spikes. They are also concerned with the maintenance of slats in the fence. Atty. Steven Cicatelli, represented James Lynch Trustee, stated they received a permit, on June 5, 2001, from the Building Inspector. This is not a "spite fence". They are concerned with acts of trespassing. Atty. Cicatelli's client is renting the property and does not want the liability. The fence will surround the entire property when completed and the fence slats will be maintained. Peter Seibold, Twin Fence Co., stated his company is installing the fence. The fence will surround the entire property when it is completed. John Jarema stated the permit does not state what material the fence would be. Susan Miller requested Atty. Lamond cite any cases that would give criteria for a "spite fence". Chairmen Larkin stated he needed further information from the building inspector before making a decision. Atty. Cicatelli requested the location of other 8' fences, located in town, from the building inspector. A Reading resident stated his property has an 8' fence because it borders the highway. He installed it as a sound barrier. He objects to the use of an 8' fence between house lots. On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals, voted to continue the public hearing on Case #01-22 on the petition of Charles & Deborah Capobianco, for the property located at 23 George Street, Reading, MA, until October 18, 2001. The motion was approved by a vote of 3-0-0. Zoning Board of Appeals Minutes of 9/20/01 page 3 Case #01-23 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. Chairman Michael Larkin swore in the applicants. Atty. John Lamond, Latham, Latham, & Lamond, P.C., represented the petitioner. Atty. Lamond stated Mr. Biggio has the property under agreement. The property is a 2 story building, with 13 rooms. It was constructed at the beginning of the 1900. It is located in a Business A zone. The building is currently vacant, but was previously used as a funeral home. The building has historically been used as both a residential and commercial property, containing one apartment. The property is 8,400 sq. ft. with a front corner set back of 3', side 4.38', side 9.47', and rear set back of 15.21'. The petitioner will add 4 apartments for a total of 5. There is a 3 bedroom on the second floor, 2 two bedroom apartments on the first floor, and 2 two bedroom apartments on the ground floor. They will add an additional staircase as a safety exit. The apartments are for middle income tenants. They have reached an agreement with the abutting property for an additional two parking spaces, for a total of eight spaces. John Jarema stated the 5 parking spaces may not be sufficient. Michael Larkin stated they must have a site plan review from CPDC before the Zoning Board of Appeals can vote on this. On a motion by John Jarema, seconded by Susan Miller, 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 1, 2001, to allow the applicant time to seek a site review from CPDC. The motion was approved by a vote of 3-0-0. Case#99-05 Executive Session: 82 Linden Street Variance Appeal The Zoning Board of Appeals did not receive any paper work on this case and did not open this case. Old/New Business John Jarema stated Edith Netter is putting together a proposal on what to look for in a 40B application. Peter Hechenbleikner requested the Zoning Board of Appeals members review the regulations and procedures at a separate business meeting. The Zoning Board of Appeals should vote on the Chairman and Clerk, for the upcoming year, at that meeting. Zoning Board of Appeals Minutes of 9/20/01 page 4 Michael Larkin requested that a short brief, describing each case, be submitted by every petitioner. Susan Miller stated there are previous minutes to be approved. The members requested an e-mail copy be sent to them prior to the following meeting. On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals voted to adjourn at 9:00 PM. Respectfully submitted, YJoyy ohr Recording Secretary