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HomeMy WebLinkAbout1987-12-09 Zoning Board of Appeals Minutes~T Town of Reading Reading, Massachusetts 01867-2693 (617) 942-0500 ZONING BOARD of APPEALS ,6 LOWELL STREET ZONING BOARD OF APPEALS READING, MA MINUTES - DECEMBER 9, 1987 Members Present: Catherine Quimby John Jarema Stephen Tucker Ardith Wieworka Chairman Quimby openend the meeting at 7:30 PM, December 9, 1987 in the Selectmen's Meeting Room, 6 Lowell Street, Reading, MA. The meeting began with the Board discussing general business of the ZBA. The discussion then moved to the approval of minutes of meetings from September 23, and October 21, 1987. Amendments were made, and Stephen Tucker then moved to accept these two sets of minutes as amended. The Board unanimously voted its approval. A letter was then read into the record.from a Mrs. Ruth Cogan addressed to the ZBA. The general public hearing was then opened at 7:45 PM for the petition of Mr. Joseph Machnowski seeking Special Permit for property located at 227 Woburn Street, Reading. Chairman Quimby began by reading a letter from Mr. Stuart LeClaire, Inspector of Buildings, regarding the petition of Mr. Machnowski and proposed plans for the building located at the above address. The Board then viewed the plans associated with this case which were submitted with the application for Special Permit. Mr. Machnowski noted some additional minor changes which had been made to the original plans. Discussion then began regarding the window on the second floor representing a second means of egress from the property. It was also noted at this time that the building inspector had verified that the stairway was not in violation of State Fire Codes. A lengthy conversation then ensued relative to the State Building Code and its correspondence to the Zoning By-laws. Did second means of egress, or in this case the stairway, have to be located where it would provide a direct exit to the outside of the structure? The Board had some difficulty understanding the intentions of the building code as applied by the building inspector in this case relating to both the window and the door. Was the concern strictly for the safety of the occupants? December 9, 1987 ZONING BOARD OF APPEALS Page 2 After much discussion, Mr. Machnowski reiterated his interest in satisfying all necessary parties and laws. He was under no time constraints at this point. The Petitioner then requested an extension before the Board in order to clarify these issues with Mr. LeClaire and make any necessary changes to his construction plans. Stephen Tucker then moved to continue the hearing to January 20, 1988 as requested by the Petitioner. The motion was seconded, and the Board voted unanimously on a continuance. The second hearing of the evening was then opened for Mr. and Mrs. Fitzgerald of 447 Summer Avenue. This petition was continued to allow the building inspector time to make a determination as to the rear yard setback and its compliance with zoning before a Variance could be granted. A letter was read into the record confirming compliance with the zoning by-laws. There was then some discussion between Mr. Fitzgerald and Chairman Quimby regarding his qualifying for a Special Permit and the proper way in which to pursue the case as such. After the Petitioner understood what was required of him, he requested the Board hear the case as a Special Permit. Conversation continued with John Jarema inquiring what the planned height was for the structure enclosing the pool area. It was noted that the southeasterly lot line would be encroaching, and the issue of what percentage of the land was covered by the structure then arose. Ardith Wieworka stated that she felt these figures as presented were low. The figures were again reviewed and confirmed. John Jarema then moved to grant Special Permit for a structure to be built no more than 13 feet to the lot line. The motion was seconded, and the Board granted the Special Permit unanimously. The public hearing was then closed, and Chairman Quimby began the budget discussion by distributing copies of her proposed budget to all Board members for their review. It was noted at this time that expenses for supplies, advertisements and postage would be carried under General Office Expense at the same rate as in December 9, 1987 ZONING BOARD OF APPEALS Page 3 FY 188. Stephen Tucker then asked what was covered under the heading "training." This was clarified by Chairman Quimby. She also stated that funds were to be supplied for the purchase of a recording device to be used in the hearings. John Jarema stressed the need for a good, operable machine. It was stated that the machine would be purchased before scheduled budget hearings began. "Contractual services" was another line item questioned. This was clarified as secretarial services required in the event that the recording secretary could not be present at a hearing. It was then agreed that this was not necessary, as the recording secretary could transcribe the meeting from tape. Chairman Quimby noted that she had suggested to Jonathan Edwards that these funds be used for seminars, etc. for Board members. Following a brief discussion, the final budget included $2,100.00 for recording secretary, $100.00 for training, and $100.00 for dues and memberships, bringing the total budget for FY '89 to $2,300.00. A copy of the proposed budget is attached. Stephen Tucker then made a motion to accept the proposed budget of $2,300.00 as presented. It was voted unanimously to accept the budget. Stephen Tucker then informed the Board of an article he had read in the Falmouth Enterprise relating to zoning by-laws for the state. Four issues were raised. They were as follows: 1) abuttors to property and any other aggreived party including town boards had 20 days to file appeal on any approval of a Special Permit granted on default. 2) gives planning boards an unlimited amount of time to act upon Special Permit requests. 3) extension on the length of time a board has to act on variances and appeals from 75 to 100 days. 4) a new procedural regulation requiring all applications for Special Permit go to Town Clerk first for date and time stamping, and then to go to the permit and granting authority. Stephen Tucker noted that he thought this might be referring to an amendment granted October 1. Chairman Quimby would look into these issues, and if necessary, the appropriate changes would be made to existing rules and regulations. The Board then discussed a case for a Mr. Wagner which had been resolved when he apparently convinced the bank involved that the structure in question had been in existence since 1902 and was covered under Section 7. The issue of a mortgage plan versus a December 9, 1987 ZONING BOARD OF APPEALS Page 4 certified plot plan was again discussed. John Jarema made clear his feelings that a check should not be accepted when an application is submitted unless all documents required were enclosed at the time of application, including certified plot plans where necessary. The Board agreed that checks should not be waiting in a pile for the necessary attachments to arrive. The question of just when does the "clock start ticking" on an application was raised. A definite procedure would be established on this issue. When it was determined that no further business was outstanding, the meeting was adjourned. Respectfully submitted by Pamela A. Spang, Recording Secretary to the Zoning Board of Appeals. Date: Signature: PROPOSED BUDGET FOR FY 89 - ZONING BOARD OF APPEALS V 4 Recording Secretary ........$2,100.00 Training 100.00 Dues & Memberships 100.00 $2,300.00 3j per meeting = i hours meeting monthly equal time for transcription - 7 - for a TOTAL MONTHLY HOURS: 14 X 8.00 =$1,344.00 This is a very conservative estimate - transcription could very easily take longer and we may need to meet more than twice monthly. Talking it over with JE he agreed with me that for this year, first being budgeted under CPDC, we should maintain level funding of $2,100.00. Supplies, advertising; postage are all being transferred to the GENERAL BUDGET for department - JE (Johnathon Edwards) is in the process of purchasing a recorder out of CPDC funds - this one or Conversations will be shared with us!!