HomeMy WebLinkAbout2010-09-02 Zoning Board of Appeals MinutesoA L-ekj<
Town of Reading
ZONING BOARD OF APPEALS
Minutes of September 2, 2010
Members Present: Jeffrey Perkins, Acting Chairman
John Jarema
Robert Redfern
Damase Caouette
Members Absent: Clark Petschek
John Miles
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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.
Case # 10-10
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 bylaw allows 1 wall sign per business on the
property located at 1349 Main Street in Reading, MA.
A letter was submitted by the Applicant to continue the case to October 7, 2010 because there
were only four members present at this meeting and he would like a full Board with five
members.
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to continue the hearing to October 7, 2010.
The vote was 4-0-0 (Perkins, Jarema, Caouette, Redfern).
Case #10-09
A continuation of a Public Hearing in the Selectmen's Meeting Room at the Town Hall, 16
Lowell Street in Reading, Massachusetts on Thursday, August 19, 2010 at 7:00 PM on the
petition of Richard Quaglia who seeks a Special Permit and a Variance under Section(s) 6.3.
/6.3.4 /6.3.6 of the zoning bylaws in order to construct an attached garage to a non-conforming
structure on a non-conforming lot as per plans submitted on the property located at 20 Locust
Street in Reading, MA.
A letter was submitted by the Applicant requesting to continue the case to October 7, 2010
because there were only four members present at this meeting and he would like a full Board
with five members.
ZBA Meeting, September 2, 2010 1
On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved
to continue the hearing to October 7, 2010.
The vote was 4-0-0 (Perkins, Jarema, Redfern, Caouette).
Case # 10-11
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.
The Applicant was reminded that there were only four members present and that would require a
unanimous decision by all four members.
The Board had some questions as to whether this property is a legal two family. The Applicant
also does not meet the required setbacks. The Town records do not show this as a legal two
family. The Board also questioned the proposed side yard setbacks and the fact that the existing
side yard setbacks are not shown on the plot plan.
The Board wanted more concrete information regarding the legality of the dwelling as a two.
family and more setback information to be put on the plot plan. They explained in detail to
Dennis Sullivan, the Applicant's contractor, exactly what the Board needs to review the case.
Virginia Sullivan, Historical Commission, I asked that if a demolition permit were issued that the
Commission be allowed to review and photograph the property before demolition. The Applicant
agreed to this condition.
Dennis Sullivan, the Applicant's contractor, asked that the case be continued so that they may
submit more information.
On a motion by Robert Redfern, seconded by Damase Caouette, the Zoning Board of Appeals
moved to continue the hearing to October 7, 2010 at the Applicant's request.
The vote was 4-0-0 (Perkins, Jarema, Redfern, Caouette).
Case # 10-12
A Public Hearing on the petition of Peter Letourneau who seeks a Variance and/or a Special
Permit under Section(s) 5.016.3.11.1/ 6.3.17 or Article 26, Section 6.3.3 of the zoning bylaws in
order to construct a deck and walkway on the property located at 93 Vine Street in Reading,
MA. The walkway portion encroaches into the side yard setback requirement of 15'.
The Applicant presented his proposal to the Board and his arguments for the four criteria he
needs to meet in order to be granted a variance. The wooden walkway is a structure and that is
ZBA Meeting, September 2, 2010 2
why a variance needs to be granted. The walkway is just being replaced with a new wooden
walkway.
The Board was somewhat confused as to why a variance must be granted because there is no
additional encroachment.
Mr. Redfern thought the Mineral Street Bridge made this situation meet criteria number one as
well as the others.
Mr. Jarema thought a Special Permit was all that was required as the walkway is a second means
of egress from the dwelling.
On a motion by John Jarema, seconded by Mr. Caouette; the Zoning Board of Appeals moved to
grant a Special Permit under section 6.3.6 of the zoning bylaws in order to construct the deck,
including the replacement walkway from the deck as described by the referenced documents
with the following two conditions:
1. That this proposed addition be constructed as described by the control documents listed
and only the mud room shall be enclosed, and
2. That any proposed modification of this addition be subject to the approval of this Board.
The vote was 4-0-0 (Perkins, Jarema, Redfern, Caouette).
Adjournment
On a motion by Damase Caouette, seconded by Robert Redfern, the Zoning Board of Appeals
moved to adjourn the meeting.
The vote was 4-0-0 (Perkins, Jarema, Redfern, Caouette).
ZBA Meeting, September 2, 2010 3