HomeMy WebLinkAbout2010-11-04 Zoning Board of Appeals MinutesE:!
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Town of Reading
ZONING BOARD OF APPEALS
Minutes of November 4, 2019 3:
Members Present: Clark Petschek, Chairman
Robert Redfern
Kristen Cataldo
Jeffrey Perkins
Damase Caouette
John Jarema
Members Absent: John Miles
A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the
Town Hall, 16 Lowell Street, Reading, Massachusetts, at 7:00 P.M.
Case # 10-05
Continuation of a Public Hearing on the petition of Jiffy Lube (Back Bay Sign) who seeks a
Variance under Section 6.2.3.2.1 of the zoning bylaws in order to allow Jiffy Lube one free-
standing sign and two wall signs (current bylaws allow one free-standing sign or one wall sign)
for the property located at 369 Main Street in Reading, MA.
On a motion by Jeffrey Perkins, seconded by Damase Caouette, the Zoning Board of Appeals
moved to continue the hearing to December 2, 2010 at the written request of the Applicant.
The vote was 5-0-0 (Petschek, Redfern, Cataldo, Perkins, Caouette).
Case # 10-14
A Public Hearing on the petition of 107 Main Street Reading LLC who seeks a Variance /
Special Permit / An appeal of a decision by the Building Inspector under Sections 4.2.2 / 2.2.35 /
6.3.2 / 7.4.2 of the zoning bylaws in order to extend the commercial parking lot into a residential
district on the property located at 107 Main Street in Reading, MA.
Attorney Christopher Latham presented the Applicant's proposal to the Board for 10 additional
commercial parking spaces for the employees in the residentially zoned area of the lot to
alleviate the parking problems on Hopkins Street that now has parking restrictions.
He presented his arguments for the requests for a Variance, or a Special Permit, or the
overturning of a decision by the Building Inspector, speaking to each separately.
ZBA Meeting, November 4, 2010 1
The Board discussed extensively the granting of a Variance under Section 4.2.2, including a
' discussion of the memos submitted by the CPDC and the Conservation Commission regarding
this petition.
Attorney Latham reviewed the parking restrictions now in place on Hopkins Street and how they
affect the parking at Sam's Bistro. He also reviewed the Applicant's unsuccessful attempts to
rent/buy property on 95 Main Street for additional parking as well as attempted negotiations with
abutting commercial properties for shared parking opportunities.
Jamie Maugham, Vice Chair of the Conservation Commission, reviewed the permits the property
currently has from the Commission, and the new permits that would be would be required with
their supporting conditions.
Patricia Dababneh of 113 Hopkins Street voiced her opposition to the proposal.
Tony D'Arezzo of 130 John Street voiced his opposition to the proposal.
The Chairman summed up what had been presented by both sides and what options may be
available. He stated that he thought the four criteria for a Variance had been met. There was a
discussion as to what conditions could be agreed to by the Applicant.
Attorney Latham said that if the Applicant receives the requisite approval to create the proposed
10 additional parking spots, the Applicant would prohibit employees of Sam's Bistro from
parking on Hopkins Street and the Applicant would agree not to oppose any additional parking
restrictions Hopkins Street imposed by the Town of Reading. Ms. Dababneh said any further
parking restrictions on Hopkins Street would also restrict their visitors as well as restaurant
patrons.
Marlena Bita, an abutter of Strawberry Hill Lane, voiced her opposition to the proposal.
Mr. Jarema suggested that crushed stone be used instead of asphalt on the proposed parking
spaces in order to dissuade patrons of Sam's Bistro from parking there.
The Applicant said that he would be agreeable to whatever surfacing the Conservation
Commission would require although he thought in New England that asphalt was the best
solution.
On a motion by Jeffrey Perkins, seconded by Damase Caouette, the Zoning Board of Appeals
moved to grant the Applicant a Variance from Section 4.2.2 of the Zoning Bylaws in order to
construct an additional 10 spaces of off-street parking on the portion of the Property located in
the 5-15 Zoning District.
The vote was 3-2-0 (Petschek, Perkins and Caouette approved; Cataldo and Redfern
opposed). Accordingly, the petition was denied.
ZBA Meeting, November 4, 2010 2
Case # 10-15
A Public Hearing in the Selectmen's Meeting Room at the Town Hall, 16 Lowell Street in
Reading on the petition of Steven L. Cicatelli, Esq. (Mona C. DeAngelo) who seeks a Variance
and/or an appeal of a decision by the Building Inspector under Section 5.1.2 / 7.4.2 of the zoning
bylaws in order to construct a single family dwelling on the property located at 14 Strawberry
Hill Lane in Reading, MA This property is located in an 5-15 District and requires a lot area of
15,000 square feetand a frontage of 100 feet.
Attorney Steven Cicatelli presented the Applicant's proposal. Paul Dewsnap, the engineer for
this proposal, was also in attendance. Attorney Cicatelli reviewed the history of this site for the
past eight years. He submitted a written time-line for this property and all the actions that had
been taken by the Applicant.
The Board members discussed the petition, gave their opinions and asked questions of Attorney
Cicatelli. The Board reviewed a memo from Town Counsel's regarding the grandfathering
aspects of this case.
Attorney Cicatelli reviewed the materials he submitted to the Board at the start of the hearing. He
said the Applicant already has the approval of the Conservation Commission although there are
still things remaining to be done with them..
Ms. DeAngelo' explained the history of her lot and her problems with the developer that she
purchased the lot from. That and the Conservation Commission were the reasons why there was
a gap in the activities of the empty lot. Members of the Board seemed to agree that the lot was a
grandfathered lot.
James Wilder of 19 Maplewood Road voiced his opposition to the proposal.
Theresa Morris spoke on behalf of her parents who live on Redgate Lane and voiced her/their
opposition to the project.
Attorney Cicatelli said this lot is clearly part of a previously-approved sub-division and the
largest lot of that sub-division. He said the Conservation Order of Conditions is in.place and will
guarantee that the flow of water is as required.
The Chairman noted that the application did not include any evidence that a Building Permit
Application was filed in 2002, which was a basis for the Applicant's contention that the lot at
issue was grandfathered as a buildable lot. However, Maureen Knight, Recording Secretary, said
she remembered the Building Permit submitted by Ms. DeAngelo, and in fact had mailed the
application and check back to her. Attorney Cicatelli said the Building Inspector did not accept
the application because there were Conservation issues.
On a motion by Damase Caouette, seconded by John Jarema, the Zoning Board of Appeals
moved to accept this lot as a grandfathered buildable lot, thereby overturning the decision of the
Building Inspector to deny a building permit.
ZBA Meeting, November 4, 2010 3
The vote was 5-0-0 (Caouette, Perkins, Jarema, Redfern, Petschek)
On a motion by John Jarema, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved
to accept the Applicant's request to withdraw the application for a Variance from Section 4.1.2
of the Zoning Bylaws without prejudice.
The vote was 5-0-0 (Caouette, Perkins, Jarema, Redfern, Petschek).
Adjournment
On a motion by Kristen Cataldo, seconded by Jeffrey Perkins, the Zoning Board of Appeals
moved to adjourn the meeting.
The vote was 6-0-0 (Cataldo, Caouette, Perkins, Jarema, Redfern, Petschek).
Respectfully sub9,4fted,
Ma een M.
Recording Se eta
ZBA Meeting, November 4, 2010 4