HomeMy WebLinkAbout2010-09-16 Zoning Board of Appeals Minutes,--To Vj ~ ~ t-ek K
Town of Reading
ZONING BOARD OF APPEALS
Minutes of September 16, 2010
Members Present: Clark Petschek, Chairman
John Jarema
Robert Redfern
John Miles
Jeffrey Perkins
Damase Caouette
Kristin Cataldo
Members Absent:
Itj JJ.
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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, and Ellen Doucette, Town Counsel.
Case # 10-03
A continuation of a Public Hearing on the petition of Debra Shontz-Stackpole who seeks a
Variance and an appeal from a decision of the Building Inspector under Section 5.1.2 of the
Zoning By-laws in order to determine that Lot C2, 186 Summer Avenue is a pre-existing, non-
conforming, grandfathered lot. If this lot is determined to not be grandfathered, then this is also a
request for a Variance under Section 5.1.2 for the property located at Lot C, 186 Summer
Avenue in Reading, MA.
Attorney Steven Cicatelli reviewed the history of the property and the case to date. He said he
and Town Counsel disagreed on the interpretation of the bylaws and he wants the Board to
interpret the bylaw.
Town Counsel said she had already addressed the issues that Attorney Cicatelli raised in her
written responses of December 2009 that were previously circulated to the Board and the
petitioner. She noted that the section Attorney Cicatelli raised in support of the petition would
only apply to non-conforming lots prior to 1942 and therefore is not relevant to this case.
Members of the Board discussed extensively the petition and asked questions of Attorney
Cicatelli and Town Counsel. Ms. Stackpole offered additional comments.
Bobbie Botticelli of 55 Chapel Hill Drive offered comments in support of the petition.
The Chairman read two emails that were received from abutters in opposition to the petition who
expressed their concerns, that this lot might be considered a buildable lot.
ZBA Meeting, September 16, 2010
Attorney Cicatelli made additional comments stating that Town Counsel was misinterpreting the
bylaw and he also reviewed the Town actions taken regarding this lot.
On a motion by John Jarema, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved
to overturn the decision of the Building Inspector.
The vote was 0-5-0 (Perkins, Jarema, Petschek, Redfern, Miles), the motion was denied and
the decision of the Building Inspector was upheld.
Attorney Cicatelli presented his arguments why a Variance should be granted. He reviewed his
arguments as to why he thought this property met the four criteria required for a Variance.
The Building Inspector said the Applicant would need Variances for both the present existing lot
with the dwelling and the proposed lot that Ms. Stackpole wants to sell as a buildable lot.
Members of the Board discussed extensively the request for Variances and asked questions of
Attorney Cicatelli and Town Counsel. Ms. Stackpole offered additional comments.
Ms. Botticelli voiced her support for the Variances being granted.
Attorney Cicatelli made additional comments to support his arguments in favor of the Variances.
On a motion by Jeffrey Perkins, seconded by John Jarema, the Zoning Board of Appeals moved
to grant the Applicant's request for a Variance from Section 5.1.2 of the Zoning By-laws in order
to obtain relief from the frontage requirements of the 5-15 Zoning District, to allow for the
division of the properties and the construction of a dwelling on Lot C 2, 190 Summer Avenue, as
depicted on the referenced certified plot plan.
The vote was 2-3-0 (Perkins, Redfern, Petschek: against; Jarema, Miles: in favor) and the
motion for a Variance was denied.
Case # 10-04
A continuation of a Public Hearing on the petition of Angelo Salamone who seeks an appeal
from a decision of the Building Inspector under Section 7.4.2.1. It is the decision of the Building
Inspector that the Comprehensive Permit dated July 12, 2001 has expired and also, that many of
the 26 conditions have not been addressed for the property located at 45 Beacon Street in
Reading, MA.
Angelo Salamone briefly presented his proposed 40B project.
The Chairman said the Board received a memorandum from Town Counsel stating that the
Applicant's 40B Comprehensive Permit had expired on August 9, 2010 and he gave a copy of
the memorandum to Mr. Salamone for his review.
Mr. Salamone did not have a response to the memorandum for the Board other than that "it was
shocking."
ZBA Meeting, September 16, 2010 2
Members of the Board made their individual comments on the Applicant's request and asked
questions of Mr. Salamone.
The Building Inspector said the Applicant's request for a Building Permit was denied because
there were 26 conditions required by the Comprehensive Permit that were not addressed in the
application; and in the Building Inspector's opinion, the application' was poorly done and not
complete.
On a motion by Robert Redfern, seconded by Jeffrey Perkins, the Zoning Board of Appeals
moved to uphold the decision of the Building Inspector to deny the building permit application.
The vote was 5-0-0 (Perkins, Jarema, Petschek, Redfern, Miles) and the decision of the
Building Inspector was upheld.
Case # 10-13
A Public Hearing on the petition of Shawn Stickel who seeks a Special Permit under Section
6.3.8 of the zoning bylaws in order to construct a deck approximately 23.0' x 20.0' as per plan
on the property located at 84 Green Street in Reading, MA. The proposed rear yard setback is
14.0' rather than the required rear yard setback of 20.0',
Shawn Stickel presented her proposal to the Board. She will maintain the current non-
conformity.
The Building Inspector said this is a typical non-conformity and the side yard setbacks will be
met. It is just the rear yard setback that will not be met.
Members of the Board made their individual comments on the Applicant's request and asked
questions of Ms. Stickel.
Bill Childress of 105 Green Street had procedural questions for the Board.
On a motion by John Miles, seconded by Robert Redfern, the Zoning Board of Appeals moved to
grant the Applicant's request for a Special Permit under section 6.3.8 of the Zoning Bylaws in
order to construct a deck, as depicted on the referenced plans and architectural sketch. The
permit was conditioned upon the standard conditions.
The vote was 5-0-0 (Perkins, Jarema, Petschek, Redfern, Miles).
Other Business
285 Main Street, Perfecto's Cafe, to determine if changes required by CPDC (parking and
height) would be considered a Major or Minor Modification to Special Permit # 08-30.
Kristine Sheehy presented the proposed changes to the Special Permit. She reviewed these on a
site plan for the Board Members.
ZBA Meeting, September 16, 2010
Members of the Board made their individual comments on the Applicant's request and asked
questions of Ms. Sheehy.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning. Board of Appeals made a
finding to approve the changes as a Minor Modification.
The vote was 5-0-0 (Perkins, Jarema, Petschek, Redfern, Miles).
Adjournment
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to adjourn the meeting.
The vote was 5-0-0 (Perkins, Jarema, Petschek, Redfern, Miles).
Respectfully submitt ;
CUM
Maureen M. Kight I
Recording Sec etary
ZBA Meeting, September 16, 2010 4