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HomeMy WebLinkAbout1995-09-07 Zoning Board of Appeals Minutes? pz d M 9 TOW NT OF READING ZONING BOARD OF APPEALS MINUTES - SEPTEMBER 7, 1995 11E IBERS PRESENT: JOHN COOTE, CHAIRMAN ARDITH WIEWORKA CHRISTOPHER VACCARO JOHN JAREMA STEVE TUCKER 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:OOPM. Mr. Coote swore in, under oath, those present that would be addressing the Board this evening. The first Public Hearing was on the petition of Reading Gymnastics Academy, Inc., 172 Woburn Street, Reading, Massachusetts for renewal of Special Permit of existing limited use variance. (Case #95-11) Leslie McGonagle, President of Reading Gymnastics Academy, presented the Board with her request for renewal of Special Permit of existing limited use variance. She stated that the hours of operation, number of students, ages of students, and nature of business has remained the same. She stated that there were no requests for modifications, she was just seeking a renewal of Special Permit. She also stated that there were no complaints filed on her business until this week, when letters were sent in, apparently in anticipation of this hearing. The Building Inspector, Glen Redmond stated that he had not received any complaints since he began his job as building inspector, which was eighteen months ago. Mr. Vaccaro read a letter, dated August 21, 1995 sent to Mr. Coote, Chairman, Zoning Board of Appeals. The abutters of the Academv felt that the conditions set forth under the current limited use valiance continue to be a hardship to the quality of life in this residential neighborhood. The letter included a list of alleged violations since the review was done three years ago. They felt the hours of operation were violated, birthday parties and daycare were being provided, and were concerned that the alterations made to the building did not meet existing Zoning Laws. The letter continued to read that the Academy continues to bring more traffic, noise, and non-residential activity to their neighborhood. This letter was signed by about twenty-five abutters. A letter was also sent to T\4r. Coote, Zoning Board of Appeals, by an abutter who supports the renewal of the Special Permit, does not have a problem with the current hours of operation, and feels that St. Agnes, a very active parish next door to the Academy, has evening and weekend activities going on quite a bit. iv1r. Coote invited anyone who would like, to address the Board with their comments and concerns. Many abutters were present and the first one stated that the car headlights, from the Academy parking area, are shining in his window at home after 9:OOPM. Mrs. McGonagle offered to put up a fence, as high as ten feet, if allowed; to help alleviate that problem. She stated that she is very considerate of her neighbors and has already cut down hours, especially at night. Another abutter felt it was a quality of life and safety issue in a residential neighborhood. He was concerned that the noise level and traffic caused a hardship to the neighbors. Mr. Redmond stated that the proper permits were issued and the academy building meets current Zoning Laws. Mr. Jarema offered a little history on the Building used for Reading Gymnastics. Academy. He explained that back in 1981, this was a vacant building, with writing on the walls, and often vandalized. The process took a long time to get someone to come in, fix it up, and operate a business under very specific Zoning ByLaws. The Board stated to Mrs. McGonagle that the hours of operation must be adhered to and outside groups such as birthday parties or Reading High School students, should not be coming in. Mr. Coote adN••ised her to carefully follow the specifics of the Special Permit. Mr. ("oote explained to the abutters that the Board must decide whether or not to continue existing variance. As to the allegations received today, he instructed the abutters to report any violations to the Building Inspector and Zoning Enforcement Officer, Glen Redmond, and he would follow up on all complaints. They can document specific times with the Police Depailment. At 8:15PTvl, a motion was made, seconded and granted, finding that the Reading Gymnastics Academy is in compliance with the cnditions of the variance issued in Case ##1992-11. Vote 3-0 in favor. The Board discussed their three year review of "compliance" of Reading Gymnastics Academy. If neighbors have complaints, as Mr. Coote stated, they are to report them to the Building Inspector and Tic Nvill investigate them. If they are not satisfied with the Building Inspector's action in response to their complaints, they have the right to appeal that to the Zoning Board. motion was made, seconded and granted to modify the variance granted in Case #1992-11 to eliminate the requirement for a periodic review by the Board of zkppeals to determine continuing coinpwince with the variance conditions. Vote 3-0 in favor. The next 1'i?blic:. Hearing was on the petition of Gilbert Falcon 4vho seeks a Variance and/or Special Permit under Section(s) 4.3.2.8.2 of the Zoning ByLaws in order to occupy an accesson- apartment in a two-famiiv dwelling on the property located at 864 Main Street in Reading, Massachusetts. (Case #95-12). ?vlr. Falcon stated that in April, 1986, he purchased his home at 864 Main Street as a three-family dwelling. He stated that since 1950, there are three different family names listed in the public records. He could not locate any building permits on orginal kitchen dates. He presently receives $450. per month in rent from the two-roam apartment in question. He feels it would be a hardship to meet mortgage requirements if he did not collect that income. An abutter, who lived in his home since 1971, stated that he was surprised to hear that this was a three-family dwelling. He was against the approval of a variance due to, living on a busy road, various changes have already had an. effect on his property value. He did not want to see a three-family home approved. The Board explained to Mr. Falcon the requirements under Massachusetts General Laws Chapter 40A, Section 10 which had to be met if a variance is to be granted. After considering these requirements, Mr. Falcon requested withdrawal of the petition for a variance. ikt 9:15PM, the motion was made, seconded and unanimously voted to grant the withdrawal. Vote 3-0. (passed) The Hoard reviewed the bearing schedule and Mr. Redmond reviewed the cases scheduled for September 21, October 5, and October 19. At 9:20PM, a motion was made and seconded to adjourn, and the board voted unanimously to do so. Respectfully submitted by Carolyn Walsh, Recording Secretary to the Zoning Board of Appeals. Signed: , 00-1O1-L- - Date: 9 a Q - IS Approved: