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Home My WebLink About1995-10-19 Zoning Board of Appeals MinuteslvfiL- 0 (11 1-7 R ~ . Ail TOWN OF READING ZONING BOARD OF APPEALS MINUTES - OCTOBER 19, 1995 ME1/1.BERS PRESENT: ARDITH WIEWORKA STEVE TUCKER SUSAN GASKELL A meeting of the Zoning Board of Appeals was held in the Conference Room of the Town HGv, 16 Lowell Street, Reading, Massachusetts at 7:OOPM. Mr. Tucker swore in, under oath, those present that would be addressing the Board this evening. The first Public Hearing was Case #95-17, on the petition of Vassilios Bourikas who seeks a Special Permit under Section 6:3.3.4 of the Zoning ByLaws in order to construct a dormer on a non-conforming structure on the property located at 243-245 Washington Street in Reading, Massachusetts. Mr. Peter Georgopolis, nephew of Mr. Bourikas, explained that this was the last phase of construction on the property for the purpose of adding a dormer for a closet. He stated that this proposal would add only a small dormer and would not increase the encroachment on the current setback. The dormer would be in a bedroom of one of the apartments on the residential side. Mr. Georgopolis also stated that this dormer did not extend to the business. There is no access to the store from the apartments. Mr. Glen Redmond, Building Inspector, stated that he consulted with the Town Planner and Town Counsel, and had to deny the original building permit application because it was already a non-conforming structure. The Board noted that the structure is unusual and did not feel that the dormer would be more detrimental to the property. At 7:301?1\/1, a motion was made and seconded to grant a Special Permit to Vassilios Bouurikas under Section 6.3.3.4 of the Reading Zoning ByLaws for the construction of a dormer on a non-conforming structure on the property located at 243-245 Washington Street, Reading, .Massachusetts. The motion passed with a vote of 3-0 in favor. The next Public Hearing was on the petition of Angelo Salamone who seeks a Variance from Section 5.1.2, Special Permit under Section(s) 6.3.1.2 and 6.3.1.3 of the Zoning ByLaws in order to construct a single family dwelling on a lot without the required frontage of eighty feet, on the property located at 45 Beacon Street, Reading, -Massachusetts. The applicant is appealing the decision of the Building Inspector. Attorney William Wagner represented Mr_ Salamone stated that Mr. Salamone purchased the property in 1990 with the intent of building a home for himself. Mr. Wagner stated to the Board that after the subditiision was approved in 1989, Lot 2B was created. The lot consisted of 61,976 square feet and frontage of 90.77 feet on Beacon Street. A surveying document Proposed House Plan showed the 90.77 foot frontage and stated that there was no indication on the plan that Lot 2B was not a buildable lot or that the frontage did not meet the zoning requirements. Mr. Glen Redmond. Building Inspector, stated that CPDC does not, according to Jonathan Edwards, Town Planner, "note" on plans whether or not it is a buildable lot. Mr. Redmond stated that he had discussed this case with the Town Planner and Town Counsel. Mr. Redmond presented to the Board an engineering plot, approved by the Town, which showed the frontage to be 47.37 feet. The Board was concerned that the plans/plots vary. After discussion of the frontage evidence, Attorney Wagner withdrew the request for a Special Permit under Section(s) 6.3.1.2 and 6.3.1.3 and withdrew the appeal of the Building Inspector's decision. It was moved to accept the petitioner's withdrawal of the above request and the appeal. The Board voted unanimousb, to accept both motions, VOTE 3-0. Ms. Wieworka inquired as to whether this property was taxed as a buildable lot. Attorney Wagner stated that Lot 2B is taxed on the basis that it is a buildable lot. The size of the lot is four tithes the land area that is required in an S-15 zone. Mr. 'Tucker invited the many abutters at the hearing to address the Board. Beth Joyce of 890 Main Street was concerned about drainage and, Edgar and Marie Bibeault, 89 Beacon Street, were concerned that one house would lead to more. They stated that there is concern now over the back soil where concrete, asphalt and bricks still need to be cleaned up. Mr. Salamone stated that clot of that clean-up had been done. He assured the abutters that his intent is to build only one single family dwelling. The abutters looked over the house plans. There was discussion about a private way, paper street, and right of ways. Attorney Wagner presented to the Board the conditions required under Massachusetts General Laws, Chapter 40A, Section 10. He stated that the lot size is an oversized parcel, unique to the area. He is taxed on the basis of a buildable lot and the denial of the right to build on it would create a substantial financial hardship. Since Lot 2B is at the end of Beacon Street, no detriment is caused to the abutters by having a smaller frontage. This frontage would still allow for adequate access in line with a single-family dwelling. After much discussion, the Board made a motion to grant a Variance under Section 5. L2 of the Reading ByLaws in order to allow the construction of a single-family dwelling at 45 Beacon Street with the following conditions: only one single-fa dwel i~ng could be constructed. proper drainage will be approved by the 'own Engineer and Building Inspector, and soil conditions will be approved by the Building Inspector. The motion was seconded and the motion passed with a vote of 3-0 in favor. Tvlr. Redmond agreed to insure that all conditions have been met before issuing a building permit. The ne,Yt Public Hearing was Case #95-19, on the petition of Reading Health Center who seeks a variance from Sections 6.2.3, 6.2.2.4 of the Zoning ByLaws in order to erect an off premise sign, allowing more than one sign per lot, and not meeting required setbacks, on the property located at 23 Walkers Brook Drive in Reading, Massachusetts. Mr. Tucker stated that his wife is employed by a subsidiary of Winchester Hospital and, although this case does not directly relate to her, he wanted this information on record. Elizabeth Stoclmood, agent for Woodex Property Management, is applying fora variance to install a free-standing sign on the corner of the lot located at 23 Walkers Brook Drive. The purpose of the sign is to provide location awareness for Reading Health Center. Clients and patients have a very difficult time locating the medical facility and this has been an ongoing problem. The sign would serve as directional signage, not as an advertisement. The patients that are coming to the suites have appointments, as it is not a walk-in .facility.Photographs were distributed to the Board. N-Mr. Tucker asked why a different spot was not considered. He suggested the corner that the Totiiin owns rnay be an ideal spot. Mr. Redmond suggested that they seek permission from the Board of Selectmen. The Board will send a memo to the Board of Selectmen recommending that this request be granted. The petitioner will return to the Board if there is a denial. Ms. Wieworka suggested that the Notice of Public Hearing run again in the newspaper showing the correct sections from the Zoning ByLaws, as the first notice was incorrect. At 9: 30PIM, a motion was made, seconded and approved to continue the Public Hearing on Reading Health Center, 20 Pond Meadow Road. Case #95-19 to November 16. 1995. MOTE 3-0 (passed) At 9:40PV1, a motion was made and seconded to adjourn, and the Board voted unanimously to do SO. ?'OTE 3-0 Respectfully submitted by Carolyn Walsh, Recording Secretary to the Zoning Board of Appeals. Signed: Wr Date: Approved: 110 fl - C/