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HomeMy WebLinkAbout2001-03-01 Zoning Board of Appeals MinutesI VED TOWN OF READING t CLERK ZONING BOARD OF APPEALS ADING, MASS., MINUTES OF MARCH 1, 2001 2001 JUL 2b P 3, 06 MEMBERS PRESEN'T': MICHAEL LARKIN BERNARD O'SHAUGHNESSY SUSAN MILLER EDMUND BALBONI A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the Town Hail, 16 Lowell Street, Reading, Massachusetts at 7:00 PM. Building Inspector Glen Redmond was also in attendance Case #00-17 A continuance of a Public Hearing on the petition of H.B. Development Corporation who seeks a Comprehensive Permit under Section M.G.L. Chapter 40B in order to construct eight buildings containing a total of 32 condominium units on the property located at 443 Grove Street, Reading, MA 7:15 PM John Jarema arrived. Atty. David McBride presented a letter formalizing a withdrawal, without prejudice, on his petition. On a motion by Susan Miller, seconded by John Jarema, the Zoning Board of Appeals voted to grant the petitioner, H. B. Development Corporation, for the property located at 443 Grove Street, Reading, MA, to withdraw without prejudice. The motion was approved by a vote of 3-0-0. Case #00-30 Continuance of a Public Hearing on the petition of Eugene J. Patch who seeks a variance/special permit/finding under section 4.4.5/5.1.1/5.1.1.2/4.4/4.4.4.2 of the MGL Chapter 40A, section 6, in order to construct a single family dwelling on the property located at the corner of Governors Drive and Salem Street, Map 93/Lots 5, 6, 7, and S, in Reading, MA. Atty. Latham stated the petitioner would like to address the concerns of the abutters. 1. Would agree to the restriction of not allowing a swimming pool in the rear yard. 2. The owner would plant trees at the rear lot line, to act as a buffer. The type of trees and their location could be determined by the tree warden. 3. To eliminate the concern of the roof runoff, the downspouts are directed toward the catch basin. Zoning Board of Appeals NUnutes of 3/1/01 page 2 Atty. Latham stated he doesn't believe a variance is needed. The amounts of material they are adding should be considered landscaping, not fill. Atty. Latham cited "The Cain Case" as evidence. If the Zoning Board disagrees and would require a variance, Atty. Latham listed the following variance requirements: 1. The uniqueness of this property is the land. It is in a flood plain and is not subject to flooding. 2. The hardship would be if the house is not allowed to be built. 3. This is not detrimental to the neighborhood. This is a 2 story house, 30' x 50'. It is slightly larger than the surrounding houses. John Jarema was concerned with the size of the house. Atty. Latham stated the petitioner is prepared to reduce the size of the house to 26' x 50'. Andrew Lupian, 6 Bay State Road, Reading, MA, asked if the drain pipe on the property, drains off the land? He was also concerned with the trees, at the edge of this property. He requested the rear yard be restricted to all building, including a flower bed and a shed. Atty. Latham addressed lair. Lupian's concerns: 1. If the drain pipe is broken they would replace it. 2. The trees at the edge of the property are on Town property and would not be affected. 3. Would restrict yard building, to add in the drainage. Hayes Engineering, Inc., stated the top of the foundation is 3' above Salem Street and the first floor is 4" to 41/2" above Salem Street. The flood plain elevation is 192.1. The cellar elevation is 191.5. The amount of fill, to be added to this property is 125 cubic yards. Glen Redmond stated the height of the fill is the determinate. Everything in excess of 2' is fill. John Jarema asked the petitioner and the neighbors if they would mind if he voted on this case, since he was a couple of minutes late. They both stated they would agree to have him vote. On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals voted to grant a Special Permit, under Section 4.4.4.2 of the Zoning By-laws, to Eugene J. Patch, for the property located at the corner of Governors Drive and Salem Street, Map 93/Lots 5, 6, 7, and 8, in Reading, MA, for the purpose of building a single family residence with the following conditions: 1. The amount of material brought on site be limited to 125 cubic yards, + or - 3%, for the purpose of back filling the foundation, and in order to create contours that would cause a positive flow of surface water toward the drainage pipe intake at the westerly corner of the lot. Zoning Board of Appeals Minutes of 311101 page 3 2. That the drainage pipe flowing from the North Westerly corner of the property would be inspected and if blocked or damaged would be cleaned and repaired prior to a building permit. 3. Rear gutters and downspouts from the roof of the structure direct the flow of water in a South Westerly direction. 4. So as not to obstruct the flow of water to the westerly lot corner, no additional structures, from that shown on the submitted plan, or raised landscaping shall be permitted on the property. 5. Shrubbery shall be planted along that section of the easterly lot line of the property in the immediate vacinity of the deck on the easterly abutter's property. they shall be located so as not to impede the natural flow of water. 6. Construction access would be on Governors Drive. 7. The building location would be substantially the same as the submitted plan. The motion was approved by a vote of 3-0-0. On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals voted the property located at the corner Governors Drive and Salem Street, Map 93/Lots 5, 6, 7, and 8, in Reading, MA, does comply with Section 6.3.1.2 of the Zoning By-law, and is therefore a buildable lot. The motion was approved by a vote of 3-0-0. Atty. Latham requested to withdraw his request for a variance. On a motion by John Jarema, seconded by Susan Miller, the Zoning Board of Appeals voted to accept Eugene J Patch's request to withdraw his petition for a variance, without prejudice. The motion was approved by a vote of 3-0-0. On a motion by John Jarema, seconded by Susan Miller, the Zoning board of Appeals voted to close the taking of public testimony on the petition of Eugene J. Patch, for the property located at corner Governors Drive and Salem Street, Map 93/Lots 5, 6, 7, and 8, in Reading, MA. The motion was approved by a vote of 3-0-0. The Zoning Board of Appeals unanimously voted to adjourn their meeting at 10:10 p.m. Respectfully submitted, oy Mo Recording Secretary