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HomeMy WebLinkAbout1987-09-09 Zoning Board of Appeals MinutesJa ~J ZONING BOARD OF APPEALS READING, MA MINUTES - SEPTEMBER 9, 1987 Members Present: John Jarema Catherine Quimby Stephen Tucker Chairman Quimby openend the scheduled public hearing at 7:30 PM, September 9, 1987 in the Selectmen's Meeting Room, 6 Lowell Street, Reading, MA. The first case heard by the Board was a request for Special Permit by Christopher E. Bullen under Sections 6.3.1.3., 6.3.3.3., and 6.3.3.4. of the Zoning By-Laws to allow for the construction of an open deck too close to the side lot line of the property located at 11 Wilson Street, Reading, MA. Catherine Quimby read names of those parties who received copies of hearing notice and asked Mr. Bullen to state his reasons for the request before the Board. Mr. Bullen stated he had been told by the builders doing the job, B & B Construction of Lynnfield, MA, that it was not necessary to seek prior approval on an open deck. During the first day of construction, the work was stopped by a town official pending proper procedures be followed and permits obtained. Mr. Bullen had checked with the only abuttor to be affected by the building of the deck, and she had no complaint about the construction being done. He again reiterated the fact that he had been told by the builders he did not need a permit for an open deck and assumed they knew the law. Mr. Bullen had rented the property for three years and had purchased it in December of 1986. The plan is now on,file with the Reading Building Inspector's office. John Jarema then read a letter into the record dated September 8, 1987 from Beth MacKillop, Conservation Commissioner, relative to the case which stated the requirement of prior approval of the Conservation Commission under both the State Wetlands Protection Act, Ch. 131 S 40 and the Reading Wetlands By-Law, Article 32, before proceeding with construction. Stephen Tucker then informed Mr. Bullen of the possibility of fees imposed by the Building Inspector for his not initially seeking a building permit for the work. John Jarema then moved to grant to Christopher E. Bullen of 11 Wilson Street, Reading, MA, Special Permit for an open deck on the westerly side of the house not to encroach more than 8 feet on the northerly property line under Sections 6.3.3.3. and 6.3.3.4. with the condition that he file for a hearing with the Conservation Commission Minutes - September 9, 1987 Zoning Board of Appeals Page 2 under the State Wetlands Act and Reading Wetlands By-Laws. The Board then voted unanimously to grant approval, and the hearing was adjourned at 7:50 PM. Before the next scheduled hearing, the Board had a few minutes to review and discuss the meeting minutes from the September 1, 1987 general business meeting. Stephen Tucker then moved and the Board unanimously voted to accept the minutes as amended. The Board then moved on to the next scheduled meeting at 8:00 PM, a request for Special Permit by Paul DellaRocco and Lorraine LaMotta for property located at 7 Woodbine Street, Reading, MA. Catherine Quimby opened the hearing by requesting the petitioners state their reason for request of a Special Permit. Mr. DellaRocco explained that they had purchased the house in June of 1987 with the intention of expanding the existing living space. After looking at options available, they decided the best way to build would be a second story on the house so as not to take away from an already small lot. This addition would be three new bedrooms, allowing for more living space in the existing structure. After checking with the Building Inspector's office they discovered there was a problem with the lot line on the easterly side of the property. Catherine Quimby noted that the lot was just under 5,000 square feet, and that it was a non-conforming structure on a non-conforming lot but was built prior to existing zoning by-laws. John Jarema added that the certified plot plan done by Cameron Brothers of Somerville, MA indicated lot to be in conformance at time of construction. Stephen Tucker then moved to grant the Special Permit under Sections 6.3.3.3, and 6.3.3.4. for a second story on the,property located at 7 Woodbine Street provided that construction does not increase or further encroach on any existing lot lines. John Jarema seconded the motion, and the Board unanimously voted to grant Special Permit. Catherine Quimby opened the next scheduled hearing at 8:30 PM for the request of a Limited Use Variance by the Reading Gymnastics Academy (RGA) to allow portions of the property located at 172 Woburn Street to be used as a gymnastics school. The property is owned by St. Agnes Church, a member of the Roman Catholic Archdiocese of Boston. Chairman Quimby then began by swearing in the group of citizens attending the hearing who intended to speak to the Board along with representatives from both the church and the RGA. (-",,Leslie McGonagle, owner of the RGA, spoke on behalf of the school stating -'its benefit to the children of Reading and the fact that before the building was in use by the RGA, vandalism and property damage were a Minutes - September 9, 1987 Zoning Board of Appeals Page 3 problem at the building. She also stated that she had received a letter from John Jarema informing her of the approaching date on which the current Variance would lapse, but failed to seek renewal of the Variance because the RGA was planning on relocating and had, in fact, gone as far as signing a purchase and sale agreement with the owner of another building. Due to unforeseen problems, this deal never materialized. The existing Variance, however, has since expired. Mr. Jarema then noted that the RGA should have renewed the Variance and could have done so very easily. Since it was allowed to lapse, the case would have to be looked at as a brand new case. Mr. Jarema then asked if the representative of the owners of the building was present, and requested he speak on behalf of the owners. A representative of the Archdiocese of Boston then spoke, stating the future plans for an elderly housing facility to occupy the school site. Work was currently being reviewed with the Housing Authority, with at least another year of planning involved. Therefore, they felt a short-term extension through June 1988 would be acceptable pending final approval of the Archdiocese which was in the works at present. John Jarema stated that any Variance of less than one year would be inappropriate, and that a ;'condition be included in the Variance so as not to interrupt classes scheduled while awaiting a continuance. The meeting was then opened to abuttors. Mr. Jim Valentine of 166 Woburn Street stated he did not find the RGA to be an unwelcomed neighbor, and although he would applaud elderly housing would like to see the building in use and hoped the Board would vote favorably on the granting of the Variance. Mr. Bill Summers of 65 Prescott Street then spoke relative to the trash and empty beverage containers the students at the RGA continually left on and around his property. After hearing this complaint, both the church and school representatives stated their hopes that in the future, Mr. Summers would contact them directly if the problem occured. They would see that the problem was eliminated. Stephen Tucker noted that a definite date by which the Variance, if granted, would expire had not yet been reached. He suggested October 1, 1988 as the expiration date. John Jarema added that in its seeking to grow, the RGA had jeopardized those who gain the most benefit from the school--the children who use it. Ms. McGonagle again apoologized for her failing to renew the existing Variance. Catherine Quimby then read into the record the conditions which were originally imposed by the Board in December of 1981. John Jarema mentioned the 40-student condition i.e., "the maximum number of students attending gymnastic classes in the building at any one time shall be 40" and his feeling that this condition was not always followed. Ms. McGonagle then stated that there was never an occasion when more than 40 students was attending class at one time. -tl ~E There was, however, more than 40 students in the building most times as `--_'there were also students warming up, eating lunch, etc. The wording was not clear on this issue, and the Board agreed there should be wording added to the effect that..... attending gymnastics classes in the building Minutes - September 9, 1987 Zoning Board of Appeals Page 4 at any one time shall be limited to 80 in the building, but 40 on the floor or as determined by state code. Other changes suggested by the Board to the existing conditions was to strike II. (e) pertaining to exterior signs, to strike III. Quinquennial Review and replace with--annual review date to be 10/1/88, and also to change the breach of conditions to state to the effect that upon agreement of both parties, the Variance could be terminated. This would give the church the ability to continue to utilize space through expiration date of Variance. After discussion, the Board felt the Variance should be granted this evening to make legal the current occupancy and use by the RGA and to include in the conditions a statement to the effect that "execution of Variance and lease take place during a reasonable period of time" which would protect both the tenant and the Town of Reading. John Jarema then made a motion to grant a one-year Limited Use Variance to be reviewed on October 1, yearly, to the Reading Gymnastics Academy and the Roman Catholic Archdiocese of Boston for property located at 172 Woburn Street, Reading, MA, subject to those conditions previously stated. The motion was seconded, and the Board unanimously voted to grant the Limited Use Variance as so amended. John Jarema requested that the church forward a ;copy of the lease for the file as soon as it became available. The hearing was closed at 9:30. The Board then discussed general business including the need for up-to-date abuttors lists, assessors cards to be included in weekly packages to Board members, and future availability of Board members for scheduled meetings. The meeting was then adjourned at 9:50 PM.