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HomeMy WebLinkAbout1994-12-15 Zoning Board of Appeals MinutesI Z NIIN 13 A : OF APPEALS I IU` E,-I I I-1 ,E , 15, 1994 Members Present: Ardith Wieworka, Chairman John "oote Stephen `ducker Christopher VacCaro e t of Boni Huard of peals was held in the M n's ` e ---g Room of the Town Hall, 1666 Lowell Street, ;,Ieadr.r _ A at 7:00 P.M, ''he r hearing was on the petition of Old Reading School h s.~- Condominiums who were seeking a pedal, under 4.7 of the Zoi`ain By-Laws i order :'.ify app site plan re: rubbssh located at 3 Sanborn Str i Reading,, MA. r a Charles G ao hetto from Charles James Associates, inc. then disous> ed the request, for modification. He stat,:,d yea:. , He stated thr,-t they like to put one dum-'°: ter o .e site. It would bc: ,losed a foothigh erzue w ould have 2 looker' The dum seer would be located in the upper lot. He stated t'iat the trash was now stored in a small ~ on the l o - 1 ~vel of the building. It abuts 2 of the oondomi,, oj_ He stated that smells permeate the wh:_ le building. Ae also stated that there have been and bugs in the building and that it poses a fire hazard. He went o to say that the trash was only three feet from one of the owners units, therefore, causing a bug problem 1 that unit. He stated that they have tried many housekeeping policies and demanded that the owners use their" trash com actors and garbage disposers. He also stated that they have installed are exhaust far= and put up a vapor barrier which has improved the problem. He also stated that they have a cleaning company that goes in twice a weer to clean but there is still a problem. Mr. iaoohetto stated that they have had many r yeti s with PD to discuss the problem. Many of the s4 st~oris would cost major r ..aey 4 Chief Wood from the F ir> gar tent suggested things at a cost of -6000 r x- s j acohe~to st ted that tiiey had decided to get a decision from Z BA Ye spending the m=oney. He also stated that they had b: h. before the Board of Health and on March 10 9 1994 the Beard of Health ' r d thee: t( Ytige t l°te rut'' a :rt:m the building because it nos a healt- I .zard Mr, iaccs etto also stated that in the site plan CPDC had stated that f W; rub` id not work in the 1 Ai ..in they cool _ tip' - r+ _iv t have the iA& Tut outside F Tl _ l P. -e 3u..._ _v. this and CP C a c th~, an unfavorable recc vendation. He also stated that there hav. man problems with t` devel ere The owners had to i 0250,0W00 to have tI roof replaced on one of the buildings. He ended b stab that 84 people live in the building And that the trash rooms will not work in the building without spending major money, The Board stated that it would reed a few minutes to read over farmer decisions regarding the condominiums. It was discuss ' that the A had not made any prior decisions re irdi. Ae rubbish on the sited They had modified the pion 1 l ow a generator to be located outside the b i l nv Ms. i eworka '"gas not sure that the ZEA had any authority to hear this _ : , as the CP C had ruled on the rubbish in their site yinn, r. Corte felt that the A could hear the case s it r~s decided to discuss the case with own Counsel t get his input At '20 P.M. Kira Tucker moved to - _ t .:.-sue the subject M r of the hearing until Feb _ 1, 1995 at :00 PW Mr. _oote seconded and the motion passed with a gate of - The n t hearing was on the petition of Ellen G. Cool who was iig a Variance under Section 5.1.2 of the Zoning .-La3 s i order to allow existing deck to remain on the p men uy located at 1 Pilgrim 7:oO in Reading, MA. Ms. `;rrl stated that she is the fnzmer owner of 19 Pilgrim R d and that she was here on behalf of the owners, - hew . en Tools. he stated, that they had built the deck in 5.n. of W OS. They had applied for a building permit and st.r t ed f.y~re =deck a She stated that the Building Inspector at the ts,&6;!se, Stuart Le la. re, had Fs,-''tCrpp y and given them his verbal c i a z The deck was supposed to be 15 feet from the lot in but is only 8,7 feet from the lot line. :s > Cool stated that the deck is only 1.50 feet from the ground an that there is a fort fence around the whole # yard, th; _:efrr , the deck is xo~^aisibl.e from g the abutters. She ~u xt-.~ . ' ti.. ? rck remain fLet the use an then Y to the cr ter 1 Ne Variance. V tate s t Uonnzjble to locate - the 1&-... ars of E..@'?. , qback Air and i s~: ?..r. ~,k~ g'~l k t e. de it t. it would be a hav trip to have t remove the deck o to move the u k ea . Ve also stated that he deck was not a etr n-- . to the abutter noting that no abutters were res. t to object, Mr. C tc stated that he had seen t peck and it was a! ost -,`zed level. asked r. TFAnond if a permit was r i f this Mesh. Mr. eel c _ stated that a permit it was . ground love!. Ms. W ewor a stated that she didn't feel that the location of the bulkhead mad the property unique. 7h o A __:o stated e t.W the applicant had filled out the Bui l .i erm t Arplication and was well aware that the _ have 15 feet from the lot line. Coal stated that there were 3 ~ v er sim l _.;,.._s in the neighborhood and that because l Lulkh r ocate it different spots they er. able to decks. Mr. Cn~t~ stated that allowing thi - Bieck it c.. N set a pre for then homeowners. h -I tel L t 0n a deco coull En built on the lof but not h it is now. Aty9:1 Pq.~~fs,bLS.dM. Section Co t^xYee.',E moved two the grant to Eil i G. Col a ~~vitiatL,we A.&e,G Sctii+ 5.1.2 of tidable o il~~1c :~}yo _ l a l l o w Controls of the Town of Reading Zoning By-W 1~ to n m to remain o the property l ocatec at 1- lilcLim f i . Such exec t be no closer than 8.7 motion was _ i Y to e 0...3. - T_ r then dis cu° he ,ice, e plan for Cwl;~~ s e l e on Main Street. it was discussed thEv - ate; w a " was not `r a ac. aptable location. U in now been. placed under ; w't°Ei which would block " I. wa! sights e % rosit fl Het Za.:s. a 3 a'`".. : sue. e tm it was S. lst"? d. s. e' t"". ms t4 at t. h appearance of the new building was not cem, ati le with the residence on the lot. At :4 P.M. Mr. Tucker left the quo At 9:"5 P.M. Mr. Coo e vd t advise the Building nspn vt or that t se approved by CPDC dated 8-18-94 for tW' . : ;vo sed a`? ire do not comply with the q_ lre eats of the ocision issued the Zoning Boas of Is dated Ma h 17, 1994 with . gars t the hater ispenT _ an w_ta regard to the L ._ance of the building existing structure. , V rO SE , C and the motion passed with a note of - At 9:50 lion was -~4o and seconded to adjourn, and Board vuh unanimoubll Lo do so. 3 E d ' a Date: Approved: 0 -