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Home My WebLink About2010-08-05 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of August 5, 2010 Members Present: Members Absent: Clark Petschek, Chairman John Jarema Robert Redfern Damase Caouette John Miles Jeffrey Perkins 4 2010 CC ~ q~: Ob 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 # 10-05 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. Jason Perillo represented Jiffy Lube. He explained the history of the most recent signs that were installed with a permit. They want to maintain these signs since the permits were pulled in good faith and they spent considerable money ($20,000) to have the signs fabricated and installed. Mr. Perillo reviewed the reasons why Jiffy Lube thought the signs qualified for a Variance and answered questions by members of the Board and the Building Inspector. The Building Inspector explained how these permits were issued in error due to a faulty interpretation of the bylaws and this mistake was brought to their attention by an abutter located in another business area of the Town. He also explained to the Board that the Board of Selectmen had asked for a moratorium on any sign enforcement until they had reviewed the current sign by- laws. Mr. Perillo said Jiffy Lube would be willing to remove the rear freestanding sign as a concession if this would be helpful to resolving the situation. Mr. Jarema and other members of the Board voiced their opinions as well as outlining some options available to the Applicant under the present circumstances of uncertainty due to the moratorium on enforcement, the possible changes to the bylaws by the Selectmen, and the members not comfortable with the criteria presented for a Variance. ZBA Meeting August 5, 2010 1 The Applicant asked to have the case continued until November 4, 2010. On a motion by John Jarema, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to continue the hearing to November 4, 2010. The vote was 5-0-0 (Perkins, Jarema, Petschek, Redfern, Miles). Case# 10-06 A Public Hearing on the petition of Al Couillard who seeks a Variance /Special Permit /or a finding under Section(s) 4.2.1 /4.2.2 /6.3.2 /6.3.3 /6.3.6 /6.3.8 of the zoning bylaws in order to demolish an existing two-family dwelling and to construct a new two-family dwelling on a non- conforming lot in a Single Family District (5-15) on the property located at 21-23 Harrison. Attorney Brad Latham represented the Applicant. He reviewed the history of the property and said it was in poor condition as well as the history of the bylaw changes that changed the lot size for districts in the Town. Attorney' Latham also addressed the Building Inspector's concern as to the legality of this property as a two-family dwelling. He presented documented proof that showed this property was listed as a two-family predating zoning. He also presented affidavits from two elder citizens who state they have personal knowledge of this property and only remember it as always being a two-family dwelling, and the assessor's cards that showed this as a two family property. Attorney Latham also presented documentation regarding the one.electrical meter and stated that the second one was removed because it was less expensive to be charged on one meter as opposed to two. He also submitted bank documentation referring to Unit 2 in the property that means there must have also been a Unit 1. He then presented his case for why it would be appropriate to issue a Special Permit to demolish the two family dwelling and to build a new two family dwelling on the lot and presented a memorandum to support his case. The Building Inspector did a walk through of this dwelling with the potential buyer of the property and stated he did not know when the one-meter situation occurred and when the removal of the second egress occurred. He also questioned if the two family use was abandoned at some time and is it now nullified. The owner said the second egress fell off and was not repaired but they do have access to a roof deck. The Building Inspector said the owner could apply for a building permit to convert to a two family at any time if they choose. ZBA Meeting August 5, 2010 2 The Board reviewed the plans and asked additional questions of the Applicant and Attorney Latham. Shawn Whalen of Harrison Street voiced his disapproval of the project. John Arington of 14 Harrison Street voiced his disapproval of the project. Virginia Adams of 59 Azalea Circle gave the history of this house, its occupants, and how it was located on the site of the present Town Hall and then moved to Harrison Street. The Historical Commission would like permission to take interior photographs of this property before it is demolished and would like this condition included as a condition by the Board. Attorney Latham addressed concerns raised by the neighbors and also said the applicant did not object to interior photographs or a condition on the permit. Liz Malinski of 26 Harrison Street voiced her disapproval of the proposal. Charlie Drain of 7 Orange Street voiced his disapproval of the proposal Christine Ballcus, owner of 21 - 23 Harrison Street, said she can't continue to support the property as well as her relatives who occupy the property with her and she needs to sell this property to the potential buyer. The Chairman read a letter submitted by Mr. & Mrs. McGrath of 39 Harrison against the proposal. Attorney Latham said the Applicant would remove two of the garages if the Board thought this might make the proposal more suitable for the neighborhood. The Building Inspector said he would require new plans to be submitted to reflect this change in the proposal. The Board gave their individual opinions on the proposal and the subsequent modification. The proposed buyer put together a plan using the old proposal that shows what the new proposed construction would look like by removing two of the four garages. On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Petitioner a Special Permit under Section 6.3.8 of the zoning bylaws in order to allow the demolition of the current two-family dwelling on the lot and replace it with a new two- family, two-story dwelling with two attached single-car garages, as laid out on the referenced plot plan dated August 3, 2010 and shown on the referenced architectural Front Elevation drawing dated August 5, 2010, both as presented at the hearing. The Special Permit was conditioned upon six conditions as listed in the decision. The vote was 5-0-0 (Petschek, Jarema, Redfern, Miles, Perkins). ZBA Meeting August 5, 2010 3 Case # 10-07 A Public Hearing on the petition of Matthew Digby who seeks a Special Permit under Section(s) 6.3.3 /6.3.3.2 of the zoning bylaws in order to construct a 19.6 x 20.0 open deck 9'6" from the property line as per plot plan submitted on the property located at 16 Winter Street in Reading, MA. Matthew Digby presented his proposal for a deck that will be 9'6" from the property line that follows the existing line of the property. The Board members gave their individual opinions of the proposal and asked some questions of the Applicant. The Applicant said the deck will not be increased in the future and will remain an open deck. On a motion by John Jarema, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to grant the Petitioner a Special Permit under Sections 6.3.3 / 6.3.3.2 / of the zoning bylaws in order to construct the deck described by the submitted documents with the following conditions: 1. That the proposed addition be constructed as described by the control documents and that it will remain an "open deck" and 2. That any proposed enclosure or modification of this addition will be subject to approval by the Zoning Board of Appeals. The vote was 5-0-0 (Petschek, Jarema, Redfern, Miles, Perkins). Minutes On a motion by John Miles, seconded by John Jarema, the Zoning Board of Appeals moved to accept the minutes of July 15, 2010 as submitted. The vote was 5-0-0 (Petschek, Jarema, Redfern, Miles, Caouette). Adjournment On a motion by John Jarema, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to adjourn the meeting. The vote was 6-0-0 (Petschek, Jarema, Redfern, Miles, Caouette, Perkins). Respectfully r Maureen M. Recording S 4 ZBA Meeting August 5, 2010