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Home My WebLink About1987-06-04 Zoning Board of Appeals MinutesTOWN OF READ! BOARD OF APPEALS MINUTES OF THE MEETING JUNE 4. 1987 ?'e l,:x.:.r P.M. TE 1987 in i the Selectmen's Meeting Room, :..a Lowell Street. . Reading, Mass. the Board of Appeals met to discuss the time frame involved with the :-•ee?•• i:c::••: Acres petition. Mr. Chirco read record (see . copy . attached) ; ~t the € the request t..}'~" the Chairman. " ^ t" "t'i Mr. Mr. Redford, Town Engineer, informed the Board that .«*eated n '{"e f:!«Y''::D would like make ti.. decision on the •m? F proposal before the end of the fiscal year.. t« ...~:i..i'i Mr. Redford assured t._. that ..P iv would have hand the Board i .S oefore the end of June. CP&DC's decision. After some discussion regardina vacation schedulina. ani w t i«3 I„ i ?«_s the currently sitting members o t' the board to be present at t h i s meeting, '€1:'»:` "_7;`te July 8 a :":{::t d at Tt P.M. in the Selectmen's Meeting Room, 6 Lowell Street~ Reading, Ma. was selected,. Mrs. Quimby moved that the hearing on g'T petition of Ledgemere „'7 Corporation 'nd be continued lI'!_Tt July 198T at 7430 1:1 in the Selectmen's .1 Meeting 1.~ot..I!!:: Lowell r .y t:.,."•.r.,:?,:yt:x Reading !'Sa«.s. Mr. Tucker seconded the motion., T 3 to YA .request for an ? extension will be forthcoming from the Fafard Companies according to ? ` James Ward. Abu tt o r ; will be notified L:i'.. the Board of Appeals,. The Board then moved onto the Public Hearing of Roger & Ormes, Jr. and Gerald • Street, Reading, Ma. who sought a variance under Section 5 ! ! MT:, 1-: ri i •^"t stated that he hearing been continued from May ?.r 1987 in ! order for the Board to digest i matS :a • a submitted that evening is -:l ;i DC and d to with . consult Counsel concerning methods a1 't«. procedures, The June 4, 1987 was read into ' the record by Mr. c.i t :l y:•. t•.., mr:: (see The chairman recognized Mr. William Redford, Town Engineer., G.F'"#d.d said he was there to answer any questions. j':'S y~r:.:!:, f"7 k - . t... E « # i ~E i'~?:~{.:[ _ ! e -3-I:.:...:::;. tI' letter - f : requested •I••!'{ from F t ;;'4:s. ; D of May 6, 1997 be read into the record ( Mr. Tucker read the letter into the record. record by Mrs. Quimby. response t4::! questions from the Board ` p..3 " « attorney, representing .I« !.j'(e petitioners made presentation property. the history of the construction of the subject went r.'n t..?..: .i" l... !«!.3r,%.'~....4::yE 7°.j:. 1..# arguments ~'.#"3._1.:.y!...y : E a. n support '3" i i request - Mr. jarema then recognized concerned area residents.-, including M Sherman, Mr. Stocker, Mr. Herlihy,, 44. Raoul De?..# a»c Mr. john Biggio, and Mr. Ben Nichols. The major concern of the area e;::'t residents seemed to be the area of safety and non-compliance with the 1970 # Decision,, Mr„ L.J { 3 then . recapped the fa petitioner's request.. 1. The petitioner was requesting the first condition of the variance of December r 1970 (Case 1970-45) be removed and d that the site plan of i"1!Etn and Company, Landscape Architect submitted to the Board : ,..?F'1 , $ # k «:...:•...E!«'~ ~ { .f.t-_; ..t E«? t..Eii:! accepted i in its place. , . r . ' ; The t«.:«. # W e[...3 i._? 4:i[' is} t for sub-division of Lots 'fi'r[ & be withdrawn without prejudice,, Ms. Marjorie C;:.„74::!1•:::: c:?ttC..1t^!"fiE::•y i"4..[€'' concerned neighbors., presented arguments in rebuttal to . the granting of variance. Among her comments were the statments that,,. the first criteria of variance would not be met since .E. ? : E sue? i" the ? size. criteria shape ~,7'#"' topography were unique; the second t.:?.t.. hardship appeared j« o be e self imposed; the third and E:«?[.aE criteria could not be met since the conditions of original the variance had been ignored thus being :;,Y r;,i €:;i .j.. .t:•. pS•[ r.... 1 .E.h,a „F;'b, , ~.!#t;.:E 1_„4:-r'},:r4•yt.°wS , from t tE intent i., t«? t.« 's:» good and E 7. ~ the a., r..y the By Law. There was some discussion with the abutters relative to the :.j,._, t,.1.,f.:i:;."t ..t"!t::3..j.. ! [ has 7. fm, right ?.«`i« way. ! F:: Ernest .[.......i. Babcock movable 0 foot deeded r::it«.:..E r i g h t of way to Ash Street. After further discussion . { E•a7 3}'rL.; 't•r:i}:,«'~ i'# I v`~. closed F:'4..? input from # # the public to allow the Board to discuss and make } =^i,::•: e4#•! •3 ! ;°:E .j»..s f ,...3 Mrs. Quimby; moved to ac,..ep.i.. the _,.j,. .j':: €:.'?ne},: request to withdraw without prejudice ,..E request t1.: # ;'t --ider Section 5.1.2,, Mr. Tucker seconded the motion,, The motion passed # 1 ^ 1 .'_+:.s Mrs. W •}•:t"F_. t3..=;"`n moved to grant f^ , .Yi".~T, Roger M. Ormes,, Street. jr. and Gerald F. Lux for the property at 236/242 AP't Reading Mass. for the purpose of modifying E t existing variance on record (case 1970-45) which would allow ttte F°Ye',:':t.'l°:,,;..7?•3e•F" to __..t..Ft''•. .'?.i:...e the front portion his property as indicated plan Brown and Company Landscape Architect a,...- presented to the Board l ? F z"e e 4, 1987. Mr. Tucker seconded the motion. iii ru , itos the following M,::e ,._.te•„'t inserted , •l'Fe ` conditions, .t..: r°E more formalized plan w i t h distances the street aS ' it .u i t i..i the planting be submitted to meet the ..a m: :.ri'::. EtF.».Ei .s Town ordinances as well as '}.:3Et»:r s, :k, m:t. 3'i 't:• l FF of one curb cut. Sidewalk facilities (not necessarily concrete or macadam) be W provided on the strip fronting the t building. closest to the street,, , Appropriate fencing an the southerly side the petitioners property be installe?, : r.t „ rt..;s.."k~»r -..t.:$:eFi -'?.t=:' tFnt;aer Section 10 there are four • iiii;ti?it:"t {:3r;?o''s reared for ,::E variance met. dealing t" Ts t 1o {.rte t .k. O NOW with ,3 .j..:e soil conditions, :.the shape and t:" t. i' < t_} (::s the land t~F structure and the e i n t....}" them. i he could nothing }:.t:~.1 'I"3.'S"tCat . F }:„{.1 }.k.t.^: ~a.{:~ about either .t,. i..4j,^.t land or " , the stt,_t.t...t}.{ri:::1 As to the °:{_.~...~...oft?f ~;2I..?.}.Y It. of 1 hardship, IG felt that the argument put forth regarding having to walk from rear parking lot to enter the front of the building could hardly considered ; :4 hardship and that ;"i, n1^i other hardship was self imposed., Mrs. Quimby concurred with Mr. Tucker and in addition stated that a variance could be granted at this time only if it did not r'1e "^`+"Yr•E:ite from •1••i••:t:.-, public good. '~s(^ did i,iE:t .1:.i.:?::~•,.F. ,...t t> te four 1twi E1._zs.! 1 s.^. t~Y't..... 'p•s could be met o...Y"tc::3.L"ti"1 t~'€t.1: :.]'i' any . compliance to previous Decision a'.-.r detriment the public and d e T• r %"E g a t in g from the Zoning By-laws. Mr. ja t .r' e y n F t::i stated that this was very difficult decision , and t; 1' i t"! that I... t~ to . the of Town Counsel would "Y • consulted ( wording decision - E ? but intent f,;,'F'' the Board .....s clear,, M: r t called for the e vote, which was none in favor. three opposed therefore motion failed and the t":.::. request for iii! variance was denied;; Mr. Tucker then Mrs. Quimby seconded the motion= The public hearing ..'.'e d o i 2 r 1'Y eI"y at 10 P.M. A general business meeting was then held. The scheduling of upcoming hearings was discussed. Some concern was expressed by the Board at the absence their clerk, Linda Driscoll. Mrs. Driscoll is unable to attend the hearings illness in the family. Mr. jarema will check advertising and other clerk's oosition. with Mrs. Driscoll regarding post: necessary duties relating to the A notice of continuance regarding Fa's" • will be posted,, advertised and notification [_Y it:. mailed to abutters. Mr. l,y i # hs-.s contacted Mr. ..f t c` L.€ t:•iy n'..? .i. ei°.: ci' Y. regarding Reserve Fund Transfer of $1500 to see the Board through until. the end of the fiscal gear. Mr. wi a r e#,'# i::? has received requests o Mr. and Mrs.. F•'E:«,t::#r#a:s who wt».?!«?ld both like to receive copies of the minutes Of the meetings of March 18, May 13, 2: and June 4. 19SE [">~:5 €Tj ItFa!_{!'::' note of the fact that the tape recorder had 1'Y:_ft been working properly for the last few hearings and that he had just made this discovery,, 111r's,.- Ou J. 'c:jt,,.j moved to amend the minutes of May 27, 1987 to show being rz Lux property granted '7".....,.:#.{.u:._- under E Section Quimby ti'€i;':"n moved to accept the minutes as amended. . Mr. Tucker seconded the motion,, The of May 27, .I. B7 ' were unanimously accepted. Mr. Cohen consulted w.{. t4 # other member of his firm and will, have a a. ' . forth comi ng in w r i t i n g regarding Section 7. Members r equested Cha irman invite Mr. Cohen to meet with the Board for d isc ussion of Section 7. Vacation schedules t' t•, '#;'ii - is,::,«.. members , . discussed. July 1, 1987 at 7 M. in the Selectmen's if#f»5i;:?' ng xto3..3m, 6 Lowell Street, Reading, Mass. the Board will hold a L, is j € : . . .5.. o u _i „ r.. , J :ra cr.. ,.y,.,y t.,. t:.•4 } i s = 6..i .y. .a...f.. r::: r.}