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HomeMy WebLinkAbout1995-06-01 Zoning Board of Appeals Minutes_n( ) UX" - T7 TOWN OF READING ZONING BOARD OF APPEALS MINUTES-JUNE 1, 1995 MEMBERS PRESENT: ARDITH WIEWORKA, CHAIRMAN JOHN COOTE CHRISTOPHER VACCARO A MEETING OF THE ZONING BOARD OF APPEALS WAS HELD IN THE SELECTMEN'S MEETING ROOM OF THE TOWN HALL, 16 LOWELL STREET, READING, MA AT 7:00 P.M. THE FIRST PUBLIC HEARING WAS ON THE PETITION OF CONSTANCE P. TIMMERMAN WHO WAS SEEKING A VARIANCE AND/OR SPECIAL PERMIT UNDER SECTIONS 5.1.2 AND 6.3.3.3 OF THE ZONING BY- LAWS IN ORDER TO CONSTRUCT AN ADDITION TO A NON-CONFORMING SINGLE FAMILY DWELLING ON THE PROPERTY LOCATED AT 50 HIGHLAND STREET IN READING, MA. MRS. TIMMERMAN THEN STATED THAT SHE WOULD LIKE TO PUT A ONE STORY ADDITION ON THE SIDE OF HER KITCHEN WHICH WOULD ENLARGE HER KITCHEN AND ALSO ADD A FAMILY ROOM. SHE STATED THAT EVENTUALLY SHE WOULD LIKE TO ADD A BATHROOM DOWNSTAIRS. THE ADDITION WOULD ALSO INCLUDE A DECK IT WAS DISCUSSED THAT THE FRONT OF THE HOUSE DID NOT FACE THE STREET AND WAS LOCATED IN THE REAR OF 52 HIGHLAND STREET. THE HOUSE WAS ONCE A CARRIAGE HOUSE TO AN ESTATE. MS. WIEWOPKA DISCUSSED THAT BOTH THE FRONT YARD AND SIDE YARD SETBACKS WOULD BE ENCROACHED UPON. THE ADDITION WAS PROPOSED TO BE IN THE FRONT YARD WHICH WOULD REQUIRE A 20 FOOT SETBACK. THE ADDITION WOULD ONLY BE ABOUT 15 FEET FROM THE FRONT YARD LOT LINE, AND THE SIDE YARD SETBACK WOULD ONLY BE ABOUT 9 FEET WITH THE REQUIREMENT BEING 15 FEET. THEREFORE, A VARIANCE WOULD BE NEEDED. MS. WIEWORKA ASKED MRS. TIMMERMAN TO DISCUSS THE REQUIREMENTS FOR A VARIANCE. MRS. TIMMERMAN STATED THAT SHE DID NOT HAVE THE KNOWLEDGE TO DISCUSS THE CRITERIA. IT WAS DISCUSSED THAT BOTH MR. COOTE AND MS. WIEWORKA HAD BEEN TO THE PROPERTY. MR. COOTE STATED THAT THE LOT WAS SMALL AND SQUARE AND THAT THE LOCATION OF THE HOUSE WAS UNUSUAL. IT WAS DISCUSSED THAT THE HOUSE PRE-DATED ZONING AND WOULD NOT BE ALLOWED TODAY. MR. COOTE EXPLAINED THE CRITERIA TO MRS. TIMMERMAN BUT SHE COULD NOT OFFER ANY TESTIMONY TO SHOW UNIQUENESS. IT WAS DISCUSSED THAT MAYBE MRS. TIMMERMAN WOULD NEED SOME TIME TO ~1SCUSSc THE CASE WITH AN ATTORNEY OR POSSIBLY HER DAUGHTER W Cj HAD 7 J`CE I VED A VARIANCE EARLIER THIS YEAR. MRS. TIMMERMAN ASKED TO CONTINUE THE HEARING IN ORDER TO DISCUSS THE CASE AND GATHER SOME MORE INFORMATION. AT 7:41 P.M. MR. COOTE MOVED TO CONTINUE THE HEARING ON THE PROPERTY AT 50 HIGHLAND STREET UNTIL JULY 13, 1995 IN A MEETING ROOM TO BE ANNOUNCED. MR. VACCARO SECONDED AND THE MOTION PASSED WITH A VOTE OF 3-0. T11-1E NEXT' PUBLIC HEARING WAS ON THE PETITION OF ARGEROS INSURANCE AGENCY INC. (OWNER J. CARRIGAN) WHO SEEKS A SPECIAL PERMIT FOR USE/AND A VARIANCE (SIGNS) UNDER SECTIONS 6.3.2, 6.3.2.1, 6.2.3.1 OF THE ZONING BY-LAWS IN ORDER TO OCCUPY THE PREMISES FOR AN INSURANCE AGENCY AND TO ADD SIGNAGE ON THE PROPERTY LOCATED AT 191 MAIN STREET IN READING, MA. MR. BILL WAGNER, REPRESENTING ARGEROS INSURANCE AGENCY INC., DISCUSSED THE HISTORY OF THE PROPERTY STATING THAT THE LOT WAS 9199 SQUARE FEET AND THAT UNTIL 1958 IT HAD BEEN USED AS A GROCERY STORE AND MARKET. IT WAS THEN USED AS A REAL ESTATE OFFICE, AN INSURANCE AGENCY, AND THEN A DOCTORS OFFICE. HE STATED THAT THE ARGEROS INSURANCE AGENCY WOULD LIKE TO MOVE ITS OFFICE FROM 242 MAIN STREET TO 191 MAIN STREET AND THAT THERE IS A PURCHASE AN SALES AGREEMENT BETWEEN THE AGENCY AND DR. CARRIGAN. HE ALSO STATED THAT HIS CLIENT WOULD BE SEEKING A SPECIAL PERMIT FOR THE PROPERTY. MR. WAGNER WENT ON TO DISCUSS THAT THIS WOULD BE A PROPERTY CASUALTY INSURANCE AGENCY AND THAT THERE WOULD ONLY BE 4 EMPLOYEES.. HE DISCUSSED THAT THIS WOULD BE A MORE RESTRICTIVE USE. HE STATED THAT OVER 90o OF THE BUSINESS IS DONE BY TELEPHONE, FAX, OR COMPUTER AND, THEREFORE, THE TRAFFIC FLOW WOULD BE LIMITED. HE ALSO STATED THAT THE HOURS WOULD BE 9 TO 5 MONDAY THROUGH FRIDAY WITH NO WEEKENDS. HE DISCUSSED THAT WHEN DOCTOR CARRIGAN WAS USING THE BUILDING HE WOULD HAVE AS MANY AS 40 PATIENTS A DAY WITH 10 CARS AT A TIME AT THE OFFICE. HE ALSO DISCUSSED THAT THERE WOULD BE NO ALTERATIONS TO THE OUTSIDE OF THE BUILDING EXCEPT THAT IT WOULD BE PAINTED AND Ti _f WOULD BE ADDING A PROJECTING SIGN. MR. WAGNER STATED ' A'I' THE SIGN WOULD BE 1/2 THE SIZE OF THE PREVIOUS i-NcU--,,FCE AGENCY AND ABOUT THE SAME SIZE AS DR. CARRIGAN'S SI;y . *.I~ . 4IEWORKA STATED TIC T SHE HAD SPOKEN WITH TOWN COUNSEL nr. ~7u,1 CT-Tr` '~'I_?. _T _ _.7 r♦ Ci:E(y"TOR, OIR Tri7 BOARD COULD MAKE THE DETERMINATION THAT THE USE WAS MORE RESTRICTIVE. IF SO, A SPECIAL PERMIT WOULD NOT BE NEEDED. MR. WAGNER THEN STATED THAT THIS PROPERTY HAS ALWAYS BEEN A COMMERCIAL USE AND THAT THIS USE IS MORE RESTRICTIVE. THE BOARD THEN DISCUSSED THAT IF A SPECIAL PERMIT WAS NOT NEEDED IT WOULD BE WRITTEN IN THE DECISION THAT A SPECIAL PERMIT WAS NOT NEEDED. DR. CARRIGAN THEN STATED THAT HE HAD BEEN TRYING TO SELL THIS PROPERTY FOR 2 1/2 YEARS. HE TESTIFIED THAT WHILE HIS OFFICE WAS THERE MANY ACCIDENTS HAD OCCURRED AS PATIENTS HAD BEEN COMING AND GOING. HE STATED THAT NOW THERE WOULD BE MUCH LESS TRAFFIC. MR. NICK ARGEROS THEN STATED THAT THEY WOULD LIKE TO BE GOOD NEIGHBORS AND HAD MADE THE SIGN SMALLER THAN ORIGINALLY PLANNED. MR. COOTE DISCUSSED THAT IF THE PROPERTY DID NOT REQUIRE A SPECIAL PERMIT THERE SHOULD BE SOME RESTRICTIONS. HE STATED THAT HE WOULD LIKE TO SEE THE PARKING LOT MORE FRIENDLY VISUALLY. HE DISCUSSED REDUCING THE PARKING SPACES ` AND ADDING MORE GREEN SPACE WITH SOME PLANTINGS. HE ALSO THOUGHT THE SIGN WAS INAPPROPRIATE AND THAT A SHINGLE SIGN WOULD BE ADEQUATE. THE APPLICANT DID NOT WANT TO LIMIT OR REDUCE THE PARKING LOT. MS. WIEWORKA STATED THAT IF THE BOARD FOUND THE USE TO BE MORE RESTRICTIVE SHE WOULD LIKE TO SEE SOME CONDITIONS IN THE DECISION, SUCH AS, HOURS OF 9-5 MONDAY THROUGH FRIDAY WITH NO WEEKENDS. SHE ALSO ASKED THE APPLICANT IF HE COULD COME UP WITH SOME IDEAS TO DEAL WITH THE CONCERNS OF THE BOARD INCLUDING THE SIZE OF THE SIGN AND ALSO A WAY TO MAKE THE PARKING LOT MORE RESIDENTIAL LOOKING. MR. COOTS STATED THAT HE WOULD LIKE TO SEE NO PARKING IN THE FRONT OF THE BUILDING. HE WOULD LIKE TO SEE MORE GREEN AREA AND SOME LANDSCAPING. HE WOULD ALSO LIKE TO SEE A DRIVEWAY. MR. ARGEROS STATED THAT THE EMPLOYEES WOULD BE PARKING IN THE REAR OF THE BUILDING. HE STATED THAT MANY OF THEIR CLIENTS ARE OLDER PEOPLE AND HE WOULD LIKE TO KEEP THE SPACES IN THE FRONT. IT WAS DISCUSSED THAT THERE WERE 12 PARR I G SPACES ON THE PROPERTY NOW IT WAS DECIDED TO TAKE A 5 MINUTE RECESS. MR. WAGNER S'T'ATED THAT HIS CLIENTS DID NOT WANT T^ LIMIT THE PARKING. THEY WOULD PUT PLANTINGS AND SPRUCE 1310 muy THE BOARD DISCUSSED THAT IF THEY BOUND THE USE MORE RESTRICTIVE THEY NEED SOI?E EVIDENCE F THAT BY POSSIBLY ELIM!NATING SOME PARKING SPACES AND ADDING SOME MORE GREEN SPACE. MS. WI EWCRKA STALED THAT THEY WERE ALD I iIG THEE S I Gib WHICH WOULD BE MORE DETRIMENTAL. MR. COOTE FELT THAT THE SIGN WAS AN ISSUE ALSO AND WOULD BE MORE DETRIMENTAL. HE FELT TI AT THE APPLICANT SHOULD ADD SOMETHING THAT WOULD BE LESS DETRIMENTAL. MR. VACCARO DID NOT HAVE A PROBLEM WITH THE QRS. CARRIGAi1 SUBMITTED SOME PHOTOS OF THE PROPERTY. MR. VACCARO STATED THAT THE BOARD SHOULD LEAVE THE SIGN OUT OF THE MORE RESTRICTIVE USE. HE FELT THAT THE TOWN HAS A BY-LAW WHICH WILL TELL THE APPLICANT WHAT SIZE SIGN THEY CAN USE. HE DID FEEL THAT TAKING AWAY SOME OF THE PARKING SPACES WOULD SHOW SOME TANGIBLE EVIDENCE THAT IT WOULD BE A MORE RESTRICTIVE USE. MR. COOTE AGAIN STATED THAT THE SIGN WAS MORE DETRIMENTAL. SOMETHING SHOULD BE ADDED TO MADE THE PROPERTY MORE BENEFICIAL. NICK ARGEROS WAS UPSET TH. WERE UNTRUE ANDi THAT THEY TriiI` HE WAS NOT 'yJITLIN'G AND FELT THAT NOTHING WAS GREENER. AT THE BOARD THOUGHT HIS WORDS WOULD NEED SOMETHING' TO CUSHION TO GIVE UP SOME PARKING SPACES NEEDED TO .MAKE THE PROPERTY I^S. WIEWORKA STATED THAT IT IS UP TO THE APPLICANT TO SHOW THA' THIS WILL BE A MORE RESTRICTIVE USE< i'i:. MIKE ARGEROS WAS UPSET AND STATED THAT IF HE COULD NOT USE THE PROPERTY AS IT IS HE WILT NOT BUY IT. DR. CARRIGAN THEN'STATED AGAIN THAT HE HAS BEEN TRYING TO SELL THE PROPERTY FOR 2 1;21 YEARS AND STATED THAT PERHAPS HE SHOULD DONATE THE HOUSE TO A HALFWAY HOUSE AND TAKE IT AS A TAX DEDUCTION. THE APPLICANT AGAIN STATED THAT HE DID NOT WANT TO GIVE UP SOME PARKING SPACES AND ASKED THE BOARD TO MAKE ITS -m I MR. COOTE MOVED THAT THE BOARD FINDS THAT THE VQLD vHRNGE i~"< SSE ON T E R0'lPE: 1 _ 10" TES Am 19' MAI-' _ „74 LE S :,v.G: vF A PURCHASE AND AGL yt 'C E " F m gr AND n rrRVrr;Jm THAT T h:I;L E ti ..'.1 R 4, E i'l E ri m P7 T m F. N _ 1 ' ti IR EA' _-'NSIDEPLT` ~5.. ;N TER SECTI'C'10I i ` - 7 7 r H ..1 r _ i....,7 _ . 7?. I T "'i L --E E T i i u A 1), I 1 IT rl' -F 7.71E 7 7- OF 400 SQUARE FEET TO EXTEND FROM THE WEST PROPERTY LINE ON THE SOUTH SIDE OF THE STRUCTURE. MR. VACCARO SECONDED AND THE MOTION PASSED WITH A VOTE OF 3-0. MR. COOTE MOVED TO APPROVE THE MINUTES OF MAY 18, 1995 AS AMENDED. MR. VACCARO SECONDED AND THE MOTION PASSED WITH A VOTE OF 3-0. A':.° 9:20 A MOTION WAS MADE AND SECONDED TO ADJOURN, AND THE BOARD VOTED UNANIMOUSLY TO DO SO. RESPECTFUL SUBMITTED BY KAREN SAPORITO, RECORDING SECRETAR O THE Z "G BO RD OF APPEALS. SIGNED: DATE: APPROVED: