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HomeMy WebLinkAbout2000-02-03 Zoning Board of Appeals Minutesf 'E D CLERK TOWN OF READING J ' A S S. ZONING BOARD OF APPEALS MINUTES OF FEBRUARY 3, 2000 200! OC - 4:20 MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN JOHN COOTS MICHAEL LARKIN BERNARD O' SHAUGHNES SY 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 PM. Case #93-02 Petitioner is requesting an additional six month extension on a special permit that was granted for Lot 198 Harvest Road, Reading, MA Atty. Scott Consel, O'Neil Assoc., represented the petitioner Dorothy Jones. This petition was originally granted February 2, 1997. The petitioner has had to delay this project for personal reasons. Their last extension was granted October 7, 1999. There have also been delays in engineering and unresolved issues with the Conservation Commission. A Notice of Intent has been filed with the Conservation Commission. The Chair of the Conservation Commission, Nancy Eaton, spoke at the meeting. She stated these two issues: 1. This site is subject to the Rivers Protection Act of August 7, 1996. 2. The house has to be in a specific area. This area is 10' from the side of a riverbank. The minimum standard is 25'. Christopher Vaccaro read a letter from Karen DeFrancesco, Conservation Administrator, to Glen Redmond, Building Inspector. This letter stated the Zoning Board of Appeals denied a variance March 4, 1993. Atty. Consel stated the petitioner might request a variance to move the house further from the river. On a motion by Michael Larkin, seconded by John Coote, the Zoning Board of Appeals voted to grant Dorothy Jones a final six month extension for Lot 198 Harvest Road, Reading, MA The motion was approved by a vote of 3-0-0. Case #00-04 A Public Hearing on the petition of Danvers Savings Bank who seeks a variance and/or special permit under Section 5.1.2/6.3.3.4 of the Zoning By-Laws in order to construct a one story building in a Business "B" District on the property located at 21-37 Hamden Street, Reading, MA Zoning Board of Appeals Minutes of 2/3/00 page 2 Christopher Vaccaro swore in the applicants. Atty. Nancy Attaya-McCann, 435 Newbury St., Danvers, MA represented the applicants. The applicant is requesting permission to demolish the existing building and reconstruct a one story building using the same building footprint. This plan has been approved by CPDC. Atty. Attaya-McCann stated the new building is appropriate for the site and would be an improvement to the neighborhood. This lot was originally 19,660 sq. ft., until August 1998. In August 1998 the Town of Reading took 3,700 sq. ft. of this property to use as a public parking lot, leaving the existing lot of 5,960 sq. ft. The rear setback is 6" from the rear property line. The applicant is requesting a variance from the required 20'setback stating this hardship was not self imposed. John Coote stated that under section 6.3.1.1 the applicant does not need a special permit to rebuild on an existing footprint. Glen Redmond stated the applicant would need a variance from the setback requirement. Christopher Vaccaro stated the shape of the land is the hardship imposed on the applicant. On a motion by Michael Larkin, seconded by John Coote, the Zoning Board of Appeals voted to end the public hearing on Case #00-04. The motion was approved by a vote of 3-0-0. On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals voted to grant to Danvers Savings Bank, for the property at 21- 37 Hamden Street, Reading, MA, a variance from Section 5.1.2 of the Zoning By-laws, in order to construct a single story building which will be 1/a' from the rear property line, as shown on plans prepared by Dana F. Perkins, Inc., sheet 1, dated January 4, 2000. The motion was approved by a vote of 3-0-0. On a motion by Michael Larkin, seconded by John Coote, the Zoning Board of Appeals voted to accept the Danvers Savings Bank request of a withdrawal for a special permit. The motion was approved by a vote of 3-0-0. Case #00-05 A Public Hearing on the petition of Gerald E. Welch, Inc. who seeks a variance/special permit/appeal from the decision of the Building Inspector under Section 5.1/5.1.2/42/6.3/6.3.2.2/6.3.3.4 of the Zoning By-laws in order to change the use of a non-conforming use and a non-conforming structure and to make alterations and additions to that structure on the property located at 15 -17 Pierce Street in Reading, MA. Christopher Vaccaro swore in the applicants. Atty. Brad Latham represented the applicant. Zoning Board of Appeals Mnutes of 2/3/00 page 3 This property was originally a pipe organ company and then a chemical business until 1998. The building is dormant as of 1998. The property across the street is commercial and the southerly property is also commercial. The applicant is requesting permission to convert the use to a 20 unit multi professional property. The roof is in need of repairs and would be replaced with a mansard roof with dormers. There would be 40 parking spaces. The chain link fence would be replaced with a wood fence. The exterior lighting will be baffled so as not to shine in residential areas. The applicant is requesting zoning relief to change the use to a more restricted use under section 6.3.2.2 or under Chapter 40, Section 6, a special permit. They are also seeking relief to change the physical characteristics of the building; to change the roof to a mansard roof. The building would be 30' high or less. The building is too close to the easterly and southerly lot lines. The location of the building on the lot is unusual. The courtyard in the middle of the building creates the unique shape of the building. The proposed changes do not bring the building any closer to the lot line. Atty. Latham submitted a plan without decks. Many of the residents with abutting properties attended the public hearing. Kevin Keating, 35 Pierce Street, agreed the residential use is appropriate but would still prefer the old use. He stated the change would have a significant negative impact. The safety issue was a concern, with the increase in traffic. Mr. Keating was also concerned with the amount of trees that would be removed between the building and the parking spaces. He estimated 30 or more trees would be cut down. Mr. Keating stated the neighborhood is looking for protection. They would like the site to be residential with single family homes. The want a maximum of 8 units with more green space. Tom Hildreth, 24 Pierce Street, stated his home is across the street from this property. He objects to the raising of roof 35' above grade. His property will not receive any sunlight. There are currently only 5 houses on Pierce Street. Town Planner, Ann Krieg, asked the board to consider if the use is less restrictive and what is the thresh hold number that changes it. Atty. Latham stated the applicant is open minded and could discuss the number of units, but it would not be as low as 8. He stated a new roof, without the mansard roof, would be 28' high. Christopher Vaccaro stated the property could be used for multi-family use as of right. He also stated a variance could not be issued before CPDC's approval. Christopher Vaccaro questioned the limitations on the parking regulations, stating they might have reached the maximum. He advised the attending residents that they could appeal the decision, but not make the decision. John Coote stated a change in the structure doesn't extend to precondition structure. Atty. Brad Latham requested permission to withdraw the request for a special permit and a variance without prejudice. Zoning Board of Appeals Minutes of 2/3/00 page 4 On a motion by John Coote, seconded by Michael Larkin the Zoning Board of Appeals voted to close the public hearing on Case #00-05. The motion was approved by a vote of 3-0-0. On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals moves that for the property at 15 -17 Pierce Street, Reading, MA, a change of use to the property, to apartment use, is allowed under section 6.3.2.2 of the Reading Zoning By- laws. The motion was approved by a vote of 3-0-0. On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals move to grant the requests of the petitioner, Gerald E. Welch, Inc., to withdraw their request for a variance/special permit under section 5.1/5.1.2/4.2/6.3/6.3.2.2/6.3.3.4 of the Zoning By-laws. The motion was approved by a vote of 3-0-0. Case #00-06 A Public Hearing on the petition of The Reading Housing Authority who seeks a comprehensive permit under Section 20 -23 of the Massachusetts General Laws Chapter 40B, in order to erect a two-family structure on the property located at Wilson/Pleasant Street Intersection, Assessors Map 77, Lot 30 in Reading, MA Christopher Vaccaro swore in the applicants. Atty. John Greco represented the petitioner. The applicant is seeking permission to build a two family, colonial style house, in a single family district. The front porch overhang extends into the required 20' setback by 1'. Atty. Greco stated there is a great need for additional low income housing. This parcel of land is already owned by the applicant. The Reading Conservation Commission and DEP have ruled that this parcel meets their requirements. There would be a 3 bedroom unit on one side and a 2 bedroom unit on the other side of the building. The basement is not available for storage due to moisture. The applicant has added windows to the north side at the request of the abutting residents. The entry is on Wilson Street. John Coote asked why the building could not be moved back 1' to eliminate the extension into the setback. Atty. Greco stated the soil conditions are soft and relocation of the building would cause an economical hardship. Pete Kramer, 184 Pleasant Street, stated this is an unbuildable lot. He also stated a single family house would fit the neighborhood better. Resident Ann Gertile stated this lot receives all the water run off. Zoning Board of Appeals Minutes of 2/3/00 page 5 The Zoning Board discussed the fact that they could not impose any conditions that would make this development uneconomical. John Coote stated this lot is non- conforming and the applicant would not be able to sell it. John Coote stated the design of this house is not appealing. On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals voted to close the Public Hearing on Case #00-06. The motion was approved by a vote of 3-0-0. On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals voted to grant to the Reading Housing Authority for the property located at Wilson/Pleasant Street Intersection, Assessors Map 77, Lot 30, a Comprehensive Permit under Section 20 - 23 of the Massachusetts General Laws Chapter 40B, for the purpose of constructing a two family house consistent with the design shown on Winchester Modular Homes and situated on a site plan by B. Goddard and Assoc. dated February 13, 1999. The motion was approved by a vote of 3-0-0. The Zoning Board of Appeals unanimously voted to adjourn their meeting at 11:30 PM. Respectfully submitted, '2Joy 1VTohr Recording Secretary