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HomeMy WebLinkAbout2010-10-21 Zoning Board of Appeals Minutes--(vulr,,~ C iz RV, 4 Town of Reading _ r ZONING BOARD OF APPEALS Minutes of October 21, 2010 a Members Present: Jeffrey Perkins, Vice Chairman John Jarema John Miles Damase Caouette Robert Redfern Members Absent: Kristin Cataldo Clark Petschek 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. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 10-10 A continuation of a Public Hearing on the petition of Elite Freestyle Karate LLC who seeks a Variance and an appeal from a decision of the Building Inspector under Section(s) 6.2.3.2.2 of the zoning bylaws in order to install 2 additional wall signs where sign bylaws allow 1 wall sign per business on the property located at 1349 Main Street in Reading, MA. Gary Meyer, owner of Elite Freestyle Karate LLC, presented the history of the building. He needs additional signage so people are also aware of the combined fitness center. Mr. Meyer presented his arguments as to how the property meets the criteria required for a Variance. The Building Inspector said there were sign spaces for four businesses but Mr. Meyer occupies three of these areas so he is only allowed one sign under the new bylaws and would need a Variance. If there were four businesses there would be four signs. The Karate Studio occupies two spaces and the Fitness Center occupies one space. Mr. Redfern thought the two spaces without signs did not look occupied. He thought in this instance the sign allowance for each section was smaller than most other buildings. The Building Inspector also thought it looked like two of the units were vacant. The other Board members also agreed. The Building Inspector said he could issue one big sign by right for the three units but it would not fit in well with the building. Mr. Meyer could have a 197 square foot sign but what he is asking for is less than half that, with the three separate signs combined. ZBA Meeting, October 21, 2010 1 Mr. Jarema would prefer to not issue a Variance but to come up with another solution. He suggested a different signboard that was larger and could have more lettering. Mr. Meyer did not think that would be very symmetrical, would look messy, and the cost would be much more. The Board discussed the uniqueness of this situation. Mr. Meyer said the three signs would say: Elite, Karate, and Fitness. Dennis Sullivan, a participant in the next case to be heard, offered his advice to the Board. Charlie Gray, a participant in the next case to be heard, offered his advice to the Board. On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeal, moved to uphold the decision of the Building Inspector's decision to deny the Applicant's Sign Permit Application, dated March 30, 2010, for two additional wall signs for Elite Fitness Center at 1349 Main Street. The vote was 5-0-0 (Redfern, Miles, Perkins, Caouette, Jarema). On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicant's request for a Variance from Table 6.2.3, line 12, of the Zoning Bylaws in order to install two wall signs at his place of business located at 1349 Main Street. Said wall signs shall be as dimensioned on the Sign Drawing prepared by Barlo Signs for Elite Freestyle Karate (the Applicant), dated December 22, 2009.The three wall signs will read as follows: "ELITE" "KARATE "FITNESS". The vote was 5-0-0 (Redfern, Miles, Perkins, Caouette, Jarema). Case # 10-11 A continuation of a Public Hearing on the petition of Charles Gray who seeks a Special Permit under Section(s) 6.3 / 6.3.3.2/ 6.3.8 of the zoning bylaws in order to demolish an existing non- conforming two family dwelling located on a non-conforming lot and to reconstruct a new two family dwelling as per plans submitted on the property located at 167 Washington Street in Reading, MA. Charles Gray had submitted additional information to the Board as requested. The proposed new dwelling would not be on the same footprint and it is closer to the easterly side than the present house and more non-conforming. They need to shift the entire dwelling in order to be eligible for a Special Permit. As depicted, a Variance would be required. Mr. Jarema reminded the Board that the main issue was that this property was proven to be a legal two-family dwelling. The residential property abuts a commercial zone and has been used since 1964 as a two-family dwelling. The Building Inspector said it would be a typical tear down and rebuild with no new non- conformity once the side setback is shifted .6 feet to the westerly side. ZBA Meeting, October 21, 2010 2 The Historical Commission would like the opportunity to photograph the interior of the property before demolition. The Applicant agreed to this. On a motion by Damase Caouette, seconded by Robert Redfern, the Zoning Board of Appeals moved to grant the Applicant a Special permit under Section 6.3.8 of the Zoning Bylaws in order to demolish an existing dwelling on a non-conforming lot and reconstruct a new dwelling on the property as shown on the referenced Plot Plan of land with offset modifications to the Plot Plan and in general conformity with the architectural drawings submitted. This Special Permit is conditioned upon the following conditions: 1. Prior to the demolition of the existing dwelling, the Petitioner shall coordinate with the Town Historical Commission for access to the dwelling for the purpose of documenting the interior of the structure for historical purposes. 2. The Petitioner shall submit to the Building Inspector a modified Certified Plot Plan of the proposed construction and proposed foundation plans with proposed building offsets that show no increase in non-conformity, as compared to the existing dwelling, prior to the issuance of a foundation permit for the work. 3. The Petitioner's final construction plans for the. new structure shall be submitted to the Building Inspector, along with the as-built foundation plan(s), prior to the issuance of a Building Permit. 4. As-built plans showing the completed construction shall be submitted to the Building Inspector immediately after the work is completed and prior to the issuance of an Occupancy Permit. The vote was 4-0-0 (Redfern, Perkins, Caouette, Jarema). Minutes On a motion by Robert Redfern, seconded by John Miles, the Zoning Board of Appeals moved to accept the minutes of August 5, 2010. The vote was 5-0-0 (Redfern, Miles, Perkins, Caouette, Jarema). On a motion by Robert Redfern, seconded by Damase Caouette, the Zoning Board of Appeals moved to accept the minutes of August 19, 2010. The vote was 4-0-0 (Redfern, Miles, Perkins, Caouette). On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved to accept the minutes of September 2, 2010. ZBA Meeting, October 21, 2010 3 The vote was 4-0-0 (Redfern, Perkins, Caouette, Jarema). On a motion by Robert Redfern, seconded by John Miles, the Zoning Board of Appeals moved to accept the minutes of September 16, 2010. The vote was 5-0-0 (Redfern, Miles, Perkins, Caouette, Jarema). Adjournment On a motion by Damase Caouette, seconded by John Miles, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 5-0-0 (Redfern, Miles, Perkins, Caouette, Jarema). Respectfully submitted, i Maur M. Knight Recording Secret ZBA Meeting, October 21, 2010 4